LB 

M 



Glass 




Book ■ (| ^ 



Glorgia School Laws 
AND Decisions 




PUBLISHED BY THE 

Department of Education 



M. L BRITTAIN, 

STATE SUPERINTENDENT OF SCHOOLS 
1912 



COMPILATION 



OF 



LAW5 AND DLCI5ION5 . 

RELATING TO THE ^ ^^ 



Public School System 



OF 



GEORGIA 



For every pound you save in education you will spend five in prosecu- 
tions, in prisons, in penal settlements. — Lord Macaulay, 

Among the duties o£ parents to children is that of giving them an educa- 
tion, suitable to their station in life; a duty pointed out by reason as of the 
greatest importance. For, as Puffendorf well observed, it is not easy to im- 
agine or to allow that a parent has conferred any considerable benefit upon 
his child by bringing him into the world, if he afterwards entirely neglects 
to culture his education and suffers him to grow up like a mere beast to lead a 
life useless to others and shameless to himself, — Sir William Blackstone, 



1912. 




Judge Thomas G. Lawson 
vice-chairman state board of education died april 16, 1912. 



f 



9or 7 jm 






4 <^ 



•u 



; 



PRE.FACL 



IT was my wish in this pubHcation to arrange more sys- 
tematically our School Laws, to omit those no longer in 
force, by reason of recent legislation, in the interest of the 
teachers, school officials, and patrons to make this pamphlet 
a clear and intelligible text-book on the subject. The changes 
required, however, in order to carry this plan into execution 
were so numerous and vital that they could not be made 
without authority from the Legislature. This compendium is, 
therefore, practically the same as previous pamphlets on the 
subject except that some explanatory notes and the general 
school legislation of 1910, 1911 and 1912 have been added. 
If consent can be secured from the next General Assembly 
these laws, some of them obsolete and conflicting, should be 
rearranged and codified. 

Very truly, 

M. L. Brittain, 
State Superintendent of Schools. 



CONSTITUTION 



ARTICLE VIII. 



EDUCATION. 



Section I. 
Paragraph I. There shall be a thorough system of com- 
mon schools for the education of children in the elementary- 
branches of an English education only, as nearly uniform 
as practicable, the expense of which shall be provided for 
by taxation, or otherwise. The schools shall be free to all 
children of the State, but separate schools shall be provided 
for the white and colored races. 

Note. — The Constitutional amendment of 1910 delegated to coun- 
ties the right to levy a tax for educational purposes, modifying the 
restrictive clause in paragraph 2, section 6, article 7, of the Con- 
stitution. 

Section II. 
Paragraph I. There shall be a State School Commissioner 
elected by the people at the same time and manner as the 
Governor and State-house officers are elected whose term of 
office shall be two years, and until his successor is elected and 
qualified. His office shall be at the seat of the government, 
and he shall be paid a salary not to exceed two thousand dol- 
lars ($2,000) per annum. The General Assembly may sub- 
stitute for the State School Commissioner such officer or 
offices as may be deemed necessary to perfect the system 
of public education. 

Note. — State Superintendent of Schools substituted for State 
School Commissioner. 

Section III. 
Paragraph I. The poll tax, any educational fund now 
belonging to the State (except the endowment of, and debts 
due to, the University of Georgia), a special tax on shows 
and exhibitions, and on the sale of spirituous and malt liquors, 
which the General Assembly is hereby authorized to assess, 
and the proceeds of any commutation tax for military 



6 Compilation of Common School Laws. 

service, and all taxes that may be assessed on such domestic 
animals as from their nature and habits, are destructive to 
other property, are hereby set apart and devoted to the 
support of common schools. 

Note. — A fixed sum is now appropriated to the common schools 
amounting in 1912 to $2,550,000. 

Section IV. 
Paragraph I. Authority may be granted to counties, upon 
the recommendation of two grand juries, and to municipal 
corporations upon the recommendation of the corporate 
authority, to establish and maintain public schools in their 
respective limits, by local taxation ; but no such local laws 
shall take effect until the same shall have been submitted to 
a vote of the qualified voters in each county or municipal 
corporation, and approved by a two-thirds vote of persons 
qualified to vote at such election ; and the General Assembly 
may prescribe who shall vote on such question. 

Note. — McMichael Act, amended August 22, 1907, provides that 
two-thirds of those voting shall be necessary to carry the election 
for local taxation for public schools. 

Section V. 

Paragraph I. Existing local school systems shall not be 
affected by this Constitution. Nothing contained in section 
first of this article shall be construed to deprive schools in 
this State, not common schools, from participation in the 
educational fund of the State, as to all pupils therein taught 
in the elementary branches of an English education. 

Section VI. 

Paragraph I. The Trustees of the University of Georgia 
may accept bequests, donations and grants of land, or other 
property, for the use of asid University. In addition to the 
payment of the annual interest on the debt due by the State 
to the University, the General Assembly may, from time to 
time, make such donations thereto as the condition of the 
treasury will authorize. And the General Assembly may 
also, from time to time, make such appropriations of money 
as the condition of the treasury will authorize to any college 
or university (not exceeding one in number) now established, 
or hereafter to be established, in this State for the education 
of persons of color. 



PART I. 



School Laws 



STATE BOARD OF EDUCATION. 



Members. 

Section 1. Be it enacted by the General Assembly of the 

. Acts of 

State of Georgia, and it is hereby enacted by authority of i887, page 
the same, That the Governor, the Attorney-General, the Secre- 
tary of State, the Comptroller-General, and the State School 
Commissioner shall constitute the Georgia State Board of 
Education. Of this Board the Governor shall be ex-officio 
President, and the State School Commissioner the chief ex- 
ecutive officer. The Clerk of the State School Commissioner, 
as hereinafter provided for, shall be the clerk of the State 
Board of Education. He shall be the custodian of its 
records, papers, and effects, and shall keep minutes of its 
proceedings, and said records, papers and minutes shall be 
kept in the office of the Commissioner, and shall be open to 
inspection. 

Note. — The Acts of 1911 provide that the State Board of Educa- 
tion shall be composed of the Governor, State Superintendent of 
Schools, and four other persons vrho shall be appointed by the 
Governor; at least three of said appointees shall be men of prac- 
tical experience in teaching schools and of high standing in educa- 
tional work, having had at least three years' practical experience in the 
schools of Georgia. See page 102, 1911 School Laws. 

Meeting — Quorum. 

Sec. 2. That the said Board shall meet, upon the call of 
its President or a majority of its members, at the office of Acts of 
the State School Commissioner at the Capitol, or at such 68. ' ^^^* 
other place as may be designated in the call. A majority of 
the Board shall constitute a quorum for transacting business. 



Compilation of Common School Laws. 



Acts of 
1887, page 



Acts of 
1887, page 



Acts of 
1887, page 
69. 



Donations for educational purposes. 

Sec. 3. That said Board may take and hold, to it and its 
successors, in trust for the State, any grant or devise of 
lands, or any donation or bequest of money, or other personal 
property, made to it for educational purposes, and shall forth- 
with place in the hands of the Treasurer of the State for 
safe-keeping all moneys and personal property so received, 
and titles to land, taking therefor a receipt from said-officer. 
When it is evidently the intention of the donor or devisor that 
the corpus of moneys thus received is not to be used, the 
General Assembly may, from time to time, invest said moneys 
in the name of the State ; provided, that all moneys obtained 
under this section, together with the profits accruing from 
investment, shall be subject to use only for educational pur- 
poses. The Treasurer of the State shall pay to the order of 
the Board the income or principal thereof as said Board may, 
from time to time, require in pursuance of law, but no dis- 
position of any devise, donation or bequest shall be made in- 
consistent with the conditions or tenor of the devise, donation 
or bequest. For the faithful keeping of all property or 
moneys so received by the Treasurer, he shall be responsible 
upon his bond to the State, as for other funds received by him 
in his official capacity. 

Seal. 

Sec. 4. That the State Board of Education shall procure 
a suitable seal, which shall be used for the authentication of 
the acts of the Board and the important acts of the State 
School Commissioner. 

Advisory body — Shears appeals from decisions of State 
School Commissioner. 

Sec. 5. That the State Board of Education shall con- 
stitute an advisory body, with whom the State School Com- 
missioner shall have the right to consult when he is in doubt 
as to his official duty and also a body in the nature of a 
court of which appeals shall be made from the decisions of 
the State School Commissioner upon any question touching 
the construction or administration of the school laws and the 



Stats Laws. 9 

decision of the State Board, when rendered, shall be final and 
conclusive upon the matter in issue. Appeals to the State 
Board must be made through the County Commissioner in 
writing, and must distinctly set forth the question at law, 
as well as the facts, in the case upon which the appeal is 
taken. Upon any question involving the construction or 
administration of the school laws, the concurrence of a major- 
ity of the whole Board shall be necessary in order to give 
validity to the decision. 

Additional Duties of State Board of Bducafion. 

As State Schoolbook Commission, State Board is required 
to select text-books for the common schools of the State. 
(Sec. Part xi.) 



10 



Compilation o^ Common School Laws. 



PART 11. 



STATE SCHOOL COMMISSIONER. 



Election — charged with administration of school law and 
superintendence of common school affairs. 

Section 1. There shall be a State School Commissioner 
elected by the people at the same time and manner as the 
Governor and State-house officers are elected, whose term of 
office shall be two- years and until his successor is elected and 
qualified. His office shall be at the seat of government and 
he shall be paid a salary not to exceed two thousand dollars 
($2,000) per annum. The General Assembly may substitute 
for the State School Commissioner such officer or officers 
as may be deemed necessary to perfect the system of public 
education. He shall be charged with the administration 
of the school laws, and a general superintendence of the 
business relating to the common schools of the State. He 
shall prescribe suitable forms for the reports required of sub- 
ordinate school officers and blanks for their guidance in 
transacting their official business and shall, from time to time,, 
prepare and transmit to them such instruction as he may 
deem necessary for the faithful and efficient execution of the 
school laws, and by whatsoever is thus communicated to them 
shall they be bound to govern themselves in the discharge of 
their official duty : provided nevertheless, there shall always 
be an appeal from the State School Commissioner to the 
State Board of Education as hereinbefore enacted. 

Note. — See note under paragraph I, section II, of Constitution; 
also page 102, 1911 School Laws. 

Some specific duties — Contents of Annual Report. 

Sec. 2. That it shall be the duty of the State School Com- 
missioner to visit, as often as possible, the several counties 
of the State for the purpose of examining into the adminis- 
tration of the school law in said counties, of counseling with 
school officers, of delivering popular addresses, of inspecting: 



State School Commissioner. 11 

school operations, and of doing such other acts as he may 
deem subservient to the interests of popular education. 

Sec. 3. The State Cchool Commissioner shall see that the ^cts of 
proper actions provided by law are brought against all officers 7of ^' ^^^® 
and agents of the system, who are liable to the same, for mis- 
appropriation of the school fund or other cause. 

Sec. 4. That the State School Commissioner shall make 
an annual report to the General Assembly, in which he shall 
.present a statement of the condition and amount of all funds 
and property appropriated to the purpose of public education ; 
a statement of the number of common and public schools of 
the various grades in the State; the number of scholars at- 
tending such schools, their sex, color, and the branches taught ; Acts of 

188 7 J pS.S'Q 

a statement of the average cost per scholar of instruction 85. 
under the common school system in each county; a statement 
of the plans for the management, extension and improvement 
of the common schools ; a statement of the number of children 
of school age in the State, with as much accuracy as the same 
can be ascertained ; also, a statement of the number of private 
schools and colleges of the different kinds in the State; the 
number of pupils in such schools or colleges ; their sex, the 
branches taught, the average cost of tuition per scholar in said 
schools and colleges. 

Salary and expenses of office — oath. 

Sec. 5. That the State School Commissioner shall be en- Acts of 

1887, page 

titled to receive for his services the sum of two thousand 7i. 
dollars annually in quarterly installments. All his necessary 
traveling expenses incurred in the performance of his official 
duties, and all postage and other expenses absolutely neces- 
sary arising in his office, shall be paid by the State. He shall 
also be entitled to employ one clerk to aid him in his official 
duties. His clerk shall receive an annual salary, not exceed- 
ing twelve hundred dollars, to be paid quarterly. The salaries 
and other expenses named in this section shall be paid out 
of the State school fund on executive warrant. It shall also be 
the duty of said Commissioner to keep an itemized account of 
all expenses connected with his department, which accounts 
shall be audited by the State Board of Education. 



12 Compilation o^ Common School Laws. 

Acts of S^^- ^- '^h^t before entering upon the discharge of his 

1887, page official duties, the said Commissioner shall take and subscribe 
to the same oath required of other officers of this State. 

Additional Duties of State School Commissioner. 

State School Commissioner is member of State Board of 
Education (Part 1, Sec. 1) ; uses seal (Part 1, Sec. 4) ; is 
member of Geological Board (Acts of 1894, page 111) ; Sec- 
retary and Executive Agent of State Board of Education 
(Acts of 1911). 



County Board of Education. 13 



PART III. 



COUNTY BOARD OF EDUCATION. 



Each county a school district. 

Section 1. That hereafter each and every county in the Acts of 
State shall compose one school district, and shall be confided 7i. 
to the control and management of a County Board of Edu- 
cation. 

Selection, qualification and term of office of members of 
County Board of Education — Compensation. 

Sec. 2. That the grand jury of each county (except those 
counties which are under a local system) in this State shall, ^g^g*^^ °page 
from time to time, select from the citizens of their respective ^^■ 
counties five freeholders, who shall constitute the County 
Board of Education, Said members shall be elected for the 
term of four years, and shall hold their offices until their 
successors shall be elected and qualified; provided, however, 
that no publisher of school-books, nor any agent for such pub- 
lisher, nor any person who shall be peculiarly interested in 
the sale of school-books, shall be eligible for election as 
member of any Board of Education or as County School 
Commissioner of any county in this State ; provided further, 
that whenever there is in a portion of any county a local Acts of 
school system having a Board of Education of its own, and 23. 
receiving its pro rata of the public school fund directly from 
the State School Commissioner, and having no dealings what- 
ever with the County Board of Education, then the members 
of the County Board of Education of such county shall be 
selected from that portion of the county not embraced within 
the territory covered by such local system. 

See Part xiv, Note 4. 

See Part xv, Note 1. 

See 1911 School Laws, page 102. 

Sec. 3. That the members of the Board of Education in ^^^^ ^^ 
each county shall be paid a per diem not to exceed two dollars \^^'^' P^^e 
for each day's actual service out of the school fund appro- 



14 Compilation of Common School Laws. 

.priated to the county; and their accounts for service shall 
be submitted for approval to the Ordinary or County School 
Commissioner ; and they shall not receive any other compen- 
sation, such as exemption from road and jury duty. 

Certification of election — removal from office — vacancies. 

Sec. 4. That whenever members of a County Board are 
elected or appointed in pursuance of the provisions of the 
above section, it shall be the duty of the Clerk of the Superior 
Court to forward to the State School Commissioner a certified 
statement of the facts, under the seal of the court, signed 
officially by him, as evidence upon which to issue commis- 
sions, and the corresponding evidence of the election of a 
County Commissioner shall be the certified statement of the 
Secretary pro tern, of the meeting of the Board at which the 
election was held. Any member or members of the County 
Board of Education shall be removable by the judges of the 
Superior Court of the county, on the address of two-thirds 
of the Grand Jury, for inefficiency, incapacity, general neglect 
of duty, or malfeasance or corruption in office; that the judges 
of the Superior Courts of this State shall have the power to 
fill vacancies by appointment in the County Boards of Edu- 
cation for the counties composing their respective judicial 
circuits, until the next session of the grand juries in and for 
said counties, when said vacancies shall be filled by said 
grand juries. 

See Part xiv, Notel. 

See Part xiv, Note 2. 

See Part xvii. Note 5. 

Officers — sessions. 

Sec. 5. That the Board of Education shall elect one 
of their number President, who shall serve as such during the 
term for which he was chosen a member of the Board. The 
County School Commissioner shall be ex-oificio Secretary of 
the Board. A majority of the Board shall constitute a 
quorum for the transaction of business. It shall be the duty 
of said Secretary to be present at the meetings of the Board, 
and to record in a book, to be provided for the purpose, all 
their official proceedings, which shall be a public record 



County Board oif Education. 



15 



1887. 
72. 



Amended 
Acts of 
1893, page 
62. 



open to the inspection of any person interested therein, and 
all such proceedings, when so recorded, shall be signed by 
the President and countersigned by the Secretary. 

Note. — It is important that the minutes of the meetings of the 
County Boards of Education shall be kept in full. Expenditures 
authorized should be itemized. 

Sec. 8. That it shall be the duty of the County Board of Acts of 
Education to hold regular sessions on the first Tuesday of 
the month succeeding their election, and each three months 
thereafter, at the court house of the county for the transac- 
tion of business pertaining to the public schools, with power 
to adjourn from time to time, and in the case of the absence 
of the President or Secretary, they may appoint one of their 
own number to serve temporarily. 

School Sub-Districts — employment of teachers — written 
contracts with teachers — teachers' reports — appoint- 
ment and duties of trustees. 

Sec. 7. That the County Boards shall lay off their coun- 
ties into sub-school districts, in each of which sub-school dis- 
trict they shall establish one common school each for the 
white and colored races where the population of the two races 
is sufficient, which schools shall be as near the center of the 
sub-school districts as can conveniently be arranged, reference 
being had to any schoolhouse already erected, and population 
of said sub-school district, and to the location of white and 
colored schools with regard to contiguity; provided, however, 
that in such sub-school districts where more than one school 
is demanded, then they may establish one or more additional 
schools in such sub-school district; and provided, also, that 
whenever it becomes proper to lay off new sub-school districts, 
or alter the boundaries of those already laid off, the said 
Board shall have full power to make such changes as the 
public necessities may require. 

See Part xii, Sec. 1. 

See Part xiv, Note 6. 

See Part xiv, Note 9. 

See Part xiv, Note 11. 

See Part xvii, Note 7. 

Sec. 8. The said County Boards are also empowered to ^^ts of 
employ teachers in the manner hereinafter pointed out, to ^24. 



page 



Acts of 
1889, page 
124. 



16 Compilation op Common School Laws. 

serve in the schools under their jurisdiction, and the contracts 
for said service shall be in writing, signed in duplicate by 
the teacher on his own behalf and by the County School Com- 
missioner on behalf of the Board. 

Note. — A large number of the misunderstandings between com- 
missioners and teachers come from failure to make contracts in writing. 

See Part xiv, Note 8. 

See Part xiv, Note 10. 

See Part xiv, Note 12. 

It shall be the duty of the teachers to make and file with 
the County Commissioners at the expiration of each term of 
school, a full and complete report of the whole number of 
scholars admitted to the school during said term, distinguish- 
ing between males and females and colored and white, to- 
gether with the names thereof, and the entire and the average 
attendance, the branches taught, the number of pupils en- 
gaged in the study of each of the said branches, and such 
other statistics as he or she may be required to report by the 
County Commissioner, or by the State School Commissioner, 
and until such report shall have been prepared, sworn to and 
filed by said teacher as aforesaid, it shall not be lawful for said 
County Commissioner to audit the account of said teacher for 
his or her services. 
See Part xv, Note 4. 

Sec. 9. That the County Boards of Education, whenever, 
in their opinion, the good of the schools in their respective 
counties demand it, may, at their discretion, appoint three 
intelligent, upright citizens of each subdistrict of their 
respective counties to act as school trustees for their sub- 
districts, naming one of the appointees to serve for one year, 
and one for two, and one for three years; and as vacancies 
occur by the expiration of the terms of incumbents, the Board 
shall fill those vacancies with appointees whose term of 
service shall be three years; and should vacancies occur by 
death, resignation, or otherwise, the Boards of Education 
shall fill these vacancies for the unexpired term ; and whenever 
School Trustees are chosen as herein provided, the fact shall 
be recorded in the minutes of the County Boards, and the 
appointees shall receive certificates of their appointment 
from the Countv School Commissioner, and these certificates 



County Board of Education. 17 

shall be their sufficient warrant for entering upon and per- 
forming the duties of their office. That it shall be the duty 
of the School Trustees herein provided for to supervise the 
school operations of their subdistricts, to visit the schools, 
and to make such recommendations to the County Boards, 
in relation to the school interests of their subdistricts, as 
may seem to them best, and especially in the matter of 
choosing teachers for their subdistricts. It shall be their 
right to recommend applicants, and it shall, be the duty of 
the County Boards to choose as teachers the persons so recom- 
mended ; provided, they shall be persons duly qualified and 
eligible according to the provisions of existing law ; and 
furthermore, it shall be the duty of the School Trustees, in 
recommending persons as teachers, to recommend those per- 
sons who, in their opinion, are the choice of the communities 
to be served ; and it shall, furthermore, be the duty of the 
School Trustees to make a written report, once a year, to 
the County Boards in relation to the matters committed to 
their supervision, or oftener if required by the County Boards 
of Education. 

Note — Duties of Trustees. 

"You are, therefore, hereby authorized and required to perform 
all the duties incumbent on you as a Trustee aforesaid, according to 
law and the trust reposed in you. This commission is to continue in 
force during active and efficient service and for the term pointed out 
by the lavFS of the State, which say that this certificate shall be your 
sufficient warrant for entering upon and performing the duties of 
your office. These duties are as' follows: To visit your school; to 
inspect the school work in your district, giving special attention to 
oral and written examinations of pupils; to make general recommen- 
dations to the County Board of Education for the advancement of 
the school interests in your districts; to aid, by recommendation of 
desirable applicants, the County Board of Education in choosing 
teachers' for your schools; to see that the school house is in good re- 
pair and equipped for good work, and that the school grounds are 
properly improved and supplied with shade, fuel, water and other 
necessaries; to make a written report, once a year, to the County 
Board, in relation to the matters committed to your supervision, or 
oftener if required by the County Board of Education. 

"As you have opportunity, impress upon patrons and pupils the 
importance of regular attendance, of hearty home co-operation, and 
establishing and using school libraries." — Extract from Trustee's 
Commission. 



18 Compilation of Common School Laws. 

School property — races taught separately — building of 
schoolhouses — defining and regulating public school 
term. 

Sec. 10. That the County Board of Education shall have 
power to purchase, lease, or rent school sites ; to build, repair, 
or rent schoolhouses ; to purchase maps, globes and school 
furniture, and to make all other arrangements of .this kind 
necessary to the efificient operation of the schools under their 
care; and the said Boards shall also be, and are hereby, in- 
vested with the title, care, and custody of all schoolhouses, 
sites, school libraries, apparatus, or other property belonging 
to subdistricts, as now defined, or as may hereafter be defined, 
in their several counties, with all power to control the same, 
in such manner as they think will best subserve the interests 
of common schools ; and when, in the opinion of {he Board, 
any schoolhouse site has become unnecessary or inconvenient, 
they may sell and convey the same in the name of the County 
Board of Education, such conveyance to be executed by the 
President or Secretary of said Board according to the order 
of the Board. They shall have power to receive any gift, 
grant, donation, or devise made for the use of common schools 
within their respective counties ; and all conveyances of real 
estate which may be made to said Board shall vest the prop- 
erty in said Board of Education and their successors in office. 
It shall also be the duty of said Board of Education to make 
arrangements for the instruction of the children of the white 
and colored races in separate schools. They shall, as far as 
practicable, provide the same facilities for both races in 
respect of attainments and abilities of teachers and length of 
term-time; but the children of the white and colored races 
shall not be taught together in any common or public school 
of this State ; and in respect to the building of the school- 
houses mentioned in this Section, the said Board of Educa- 
tion may provide for the same, either by labor on the part 
of the citizens of subdistricts to be served, or by a tax on 
their property, as may be hereinafter provided. 

Sec. 11. The several County Boards of Education of this 
State shall have full power and authority to define and regu- 
late the length of the public school terms of their respective 
counties. 



County Board of Education. 19 

Judicial tribunal— appeals. 

Sec. 12. That the County Board of Education shall con- . . . 
stitute a tribunal for hearing and determining any matter of iss?, page 
local controversy in reference to the construction or adminis- 
tration of the school law, with power to summon witnesses 
and take testimony if necessary; and when they have made a 
decision, said decision shall be binding upon the parties to 
the controversy; provided, that either of the parties shall 
have the right to appeal to the State School Commissioner, 
and said appeal shall be made through the County Commis- 
sioner in writing, and shall distinctly set forth, the question in 
dispute, the decision of the County Board and the testimony, 
as agreed upon by the parties to the vontroversy, or if they 
fail to agree, upon the testimony as reported by the Com- 
missioner. 

Vaccination. 

Sec. 13. That the County Board of Education in the ^^^^ ^^^ 
counties of this State, and the Boards of Public Education pl^g^gf^ 
for the cities of this State, be, and they are hereby, authorized 
and empowered to make such . regulations as in their judg- 
ment shall seem requisite to insure the vaccination of the 
pupils in their respective schools, and may require all scholars 
or pupils to be vaccinated as a prerequisite to admission to 
their respective schools. 

Additional Duties of Members of County Board of Education. 

County Board of Education authorized to administer oaths in certain 
instances. (See Part iv, Sec. 9. 

County Board of Education selects the months (within the proper 
calendar year) in which schools shall be operated. (See Part v, 
Sec. 4.) 



20 Compilation q-^ Common School Laws. 



PART IV. 



COUNTY SCHOOL COMMISSIONER. 



1, Term — examination — election — bond — oath. 

Section 1. That the County Board of Education shall, 
from the citizens of their counties, select a County Commis- 
sioner of Education, who shall be ex-officio county superin- 
tendent of the common schools, and who shall hold his office 
for the term of four years. Before election the applicants 
for positions of County School Commissioner shall be exam- 
ined by the President of the County Board of Education, or 
by some one appointed by him or the Board for that purpose, 
upon written or printed questions, which shall be furnished 
to the Board by the State School Commissioner — said ex- 
amination to be upon the subjects taught in the common 
schools, upon the science and theory of common school teach- 
ing and government, and upon such other subjects as the State 
School Commissioner may deem proper. The said County 
Board of Education shall then elect such applicant County 
School Commissioner who has stood satisfactory examina- 
tion, taking into consideration the moral character, business 
qualifications, and general availability of each applicant. 
The County School Commissioner so elected shall be required 
to give bond with good security payable to the County Board 
of Education, conditioned upon the faithful performance of 
his duty under the law, the amount and sufficiency of the 
security to be judged by the County Board of Education. 

Note. — County School Superintendent substituted for County School 
Commissioner. See 1911 School Laws, page 102, for duties, qualifica- 
tions, election, etc. 

See Part xvi, Note 8. 

See Part xvii, Note 6. 

iV^OTE. — A County School Commissioner may be postmaster, but 
can not hold any other office of profit or trust under the Govern- 
ment of the United States or of any of the several States, or of any 
foreign State. (See Code, Vol. 1, Sec. 223.) 



County School Commissioner. 



21 



Sec. 2. Before entering upon the discharge of his official ^^^g ^f 
duties the said Commissioner shall take and subscribe to the ]l^'^' p^^® 
same oath required of the other officers of this State. 



Removal from office — successor. 

Sec. 3. The County School Commissioner may be removed 
from office before the expiration of his term by a majority 
vote of the Board of Education for inefficiency, incapacity, 
neglect of duty, or malfeasance or corruption in office ; pro- 
vided, that any Commissioner so removed shall have the right 
of appeal from the action of the County Board to the State 
School Commissioner, and from the State School Commis- 
sioner to the State Board of Education. 

Sec. 4. Should there be a vacancy in the office of County 
School Commissioner, by resignation or otherwise, an exami- 
nation and election for the remainder of the vacant term shall 
be held in the same manner, and by the same authorities, as 
for that of a full term. 



Acts of 
1887, page 
75. 



Acts of 
1887, page 
75. 



Duties — compensation — office — compensation in special 
cases. 

Sec. 5. That the County Commissioner shall constitute 
the medium of communication between the State vSchool Com- 
missioner and the subordinate school officers ; that he shall 
visit each school in his county at least once during the school 
term, or twice if practicable, and oftener if ordered by the 
Board, and without notice to the teachers, for the purpose 
of inspecting its management and the mode of instruction, 
and of giving such advice and making such suggestions as 
shall tend to elevate it in character and efficiency. He shall 
be the agent of the County Board in procuring such school 
furniture, apparatus, and educational requisites as they may 
order to be purchased, and shall see that none but the pre- 
scribed text-books are used by the pupils; that it shall be 
his duty to audit all accounts of teachers and others before 
an application is made to the County Board for an order for 
payment, and that the said County Commissioner shall .pro- 
cure a book, in which he shall keep a record of his official acts, 
which, together with all the books, papers and property ap- 



Acts of 
1887, page 

77. 



22 



Compilation oi^ Common School Laws. 



pertaining- to his office, he shall turn over, on his resignation, 
or at the expiration of his official term, to his successor. 
See Part xv, Note 2. 

It shall be the duty of every County School Commissioner 
in this State to place upon all teachers' licenses issued by 
them the seal of the Board of Education of the county for 
which they are commissioner. 

Sec. 6. That the said County Commissioner shall receive 
such compensation as the County Board may allow him, not 
to exceed three dollars per day, to be determined by the 
County Board of Education, for each day actually employed 
in the discharge of his official duties, the same to be paid 
out of the educational fund furnished to the county. His 
claim for services shall be presented in the form of an account 
against the County Board of Education, and shall be verified 
by affidavit, to the effect that the said account is just and 
true; that the service therein named was honestly and faith- 
fully rendered, and that the sum therein claimed is rightfully 
due, and remains unpaid. When said account shall have 
been duly audited and approved by the County Board, the 
said Commissioner shall retain his pay out of the revenue 
aforesaid; provided, that the County Board of Education 
shall determine the number of days in each year in which 
said County Commissioner may labor in the performance 
of the duties required of him. 

Note. — Minimum salary of County School Superintendent, $450, 
with allowance of $150 for expenses of visiting schools. No maxi- 
mum limit specified. See 1911 School Laws, page 102. 

Sec. 7. County Boards of Education in counties having 
a population of more than sixty thousand inhabitants, shall 
be authorized and empowered to pay the County School Com- 
missioners of such counties such salary in lieu of a per diem, 
as the said County Boards of Education shall fix, not to 
exceed the sum of eighteen hundred dollars per annum. 

Sec. 8. That it shall be the duty of the county authorities 
of the different counties of this State to furnish the County 
School Commissioners thereof an office in the court-house 
thereof; provided, ihtre is sufficient room in said court-house 



County School Commissioner. 23 

after furnishing the county officers of such county with 
offices as now provided by law. 

School officers authorized to administer oaths. 

Sec. 9. That County School Commissioners and members Acts of 
of the County Boards of Education shall be empowered and si. 
authorized to administer such oaths as may be necessary in 
transacting school business, or in conducting investigations 
before the County Boards when sitting as judicial tribunals 
for determining controversies arising under school laws. 

Report to grand jury — duty of grand jury in matter of 
report. 

Sec. 10. That it shall be the duty of the County School ^^.cts of 
Commissioner of each of the counties of this State to make gjf^' ^^^® 
a report of the school operations of the preceeding year to the 
grand jury, at the spring term of the court, and to place his 
books before them for examination ; and in making up the 
general presentments, it shall be the duty of the jury to 
take proper notice of the matters thus brought to their at- 
tention. 

County School Commissioners Elected by the People. 

Section 1. Be it enacted by the General Assembly of the 
State of Georgia, and it is hereby enacted by the authority 
of the same, that from and after the passage of this Act, 
the County School Commissioners in the various counties of 
this State shall be elected by the electors of their respective 
counties, who are entitled to vote for the members of the 
General Assembly at the general election held for such mem- 
bers next preceding the expiration of each County School 
Commissioner's present term of office and for a term of four 
(4) years and until their successors are elected and qualified. 

Sec. 2. Be it further enacted, That the examination now 
required by Section 1366 of Volume I of the Code of 1895, 
be held at least ninety (90) days before day of election and 
all candidates for such offices shall stand said examination 
and those who fail to make the per cent, hereinafter set out, 
shall by the Board of Education be declared ineligible to hold 
the office of County School Commissioner. 



24 Compilation oi^ Common School Laws. 

Sec. 3. Be it further enacted, That all applicants standing 
said examination shall be required to make (85%) eighty- 
five .per cent, in said examination before they shall be declared 
eligible to hold office of County School Commissioner by said 
Board of Education. 

Note. — For qualifications, see 1911 School Laws, page 102. 

Sec. 4. Be it further enacted, That in case of "a vacancy 
by death, resignation, removal from office or any cause what- 
soever in the office of County Commissioner in any county of 
this State, the County Board of Education shall elect a 
County School Commissioner for the unexpired term ; pro- 
vided, said unexpired term is for a period less than one year 
(1), but should said vacancy occur one year (1) or more 
before the expiration of said term, then and in that event 
the Ordinary shall order an election for the unexpired term, 
said election to be held within ninety (90) days after vacancy 
occurs. 

Note. — The Board has the right to elect for an unexpired term 
of any length. See 1910 School Laws, page 96. 

Sec. 5. Be it further enacted. That all laws and parts 
of laws in conflict with this Act are hereby repealed. 

Approved August 16th, 1909. 

Note. — During the last two years an annual statement of the ac- 
count of each County School Commissioner has been furnished to the 
County School Commissioner and to the grand jury through the Clerk 
of the Superior Court. 

Additional Duties of County School Commissioners, 

County School Commissioner is secretary of County Board of 
Education (Part iii, Sec. 5) ; issues certificates to School Trustees 
(Part iii, Sec. 9) ; forwards appeals, in writing, from decision of 
County Board of Education to State School Commissioner (Part iii, 
Sec. II) ; makes monthly statements to State School Commissioner 
(Part V, Sec. 3) ; operates institutes (Part vii, Sec. 1) ; examines 
applicants for license to teach (Part viii, Sec. 1). 

County School Commissioner — Election of is certified by secre- 
tary of meeting at which election is held (Part iii. Sec. 4). 



FiNANCIAT,. 



!^r) 



PART V 



FINANCIAL. 



School fund to be paid directly into State Treasury — Appor- 
tionment. 

Section 1. Be it enacted by the General Assembly of figf^ °page 
Georgia, and it is hereby enacted by authority of the same, ^°- 
That beginning with the taxes for the year 1895, all moneys 
belonging to the common school fund of the State, including 
poll taxes and specific taxes, shall be paid direct into the 
State Treasury in like manner as other States taxles are paid, 
and said common school fund shall be used for no other than 
common school purposes, as provided by law. 

Note. — The amount of the state school fund is dependent upon the 
action of the legislature. For 1912 it is $2,550,000. 

Sec. 2. That from and after the first day of January, Amended 

Acts of 

1899, or as soon thereafter as practicable, the Treasurer of 1894, page 
the State shall place to the credit of each county in the State, 
on his books, its proportionate part of the common school 
fund in the treasury on the first day of each month, such 
proportionate part to be determined by the State School Com- 
missioner, the Comptroller-General and the Treasurer, and 
to be based upon the proportion which the school population 
in each county bears to the school population in the State as 
shown by the last school census ; provided, hozvever, that the 
salaries of the State School Commissioner and his clerk or 
clerks, and the expenses of his office, and any other items 
properly chargeable under the law to the general school fund, 
shall be deducted out of said fund before making the afore- 
said apportionment to the counties. 

Itemized Statements of claims against school fund — prompt 
disbursement. 

Sec. 3. That the County School Commissioner of each Amended 

' . A.cts of 

county shall, under the approval of the County Board of Edu- is94, page 
cation, transmit to the State School Commissioner an itemized 



26 Compilation oi? Common School Laws. 

statement of the various sums due and unpaid by the county 
Board of Education on said several dates mentioned in Sec- 
tion 2, whether the same be for teachers' salaries, for pay of 
the County School Commissioner, or for any other item of 
expense properly chargeable under the law to the County 
Board of Education, and when said itemized statements have 
been approved by the State School Commissioner and pre- 
sented to the Governor', the Governor shall issue his warrants 
upon the Treasurer .for all the funds standing to the credit 
of each of the several counties upon the books of the Treas- 
urer, or for such part thereof as may be needed to liquidate 
the indebtedness to the County Board of Education of such 
county, as shown by each itemized statement aforesaid. And 
the State Treasurer shall, upon the presentation of the war- 
rants aforesaid, draw his checks for the amount of said war- 
rants in favor of the County School Commissioners of the 
several counties, and the State School Commissioner shall 
immediately transmit said checks to the several County 
School Commissioners, who shall promptly disburse the 
money so received in payment of the sums set out in the 
itemized statement aforesaid ; and if the money is not suf- 
ficient to pay said sums in full, then it shall be prorated 
among the various items ; provided, that the expenses of 
administration for each month shall first be paid in full, and 
the County Boards of Education are hereby authorized to 
make their contracts in such manner that the amounts pay- 
able to teachers for services rendered shall become due and 
payable monthly. 

See Part xv, Note 3. 

See Part xvii, Note 3. 

School year begins January 1st — operation of schools. 

Sec. 4. That beginning with January 1st, 1895, and con- 
tinuing thereafter, the school year shall be coincident with 
the calendar year, to-wit : from January 1st to December 31st 
thereafter, and the State School Commissioner, State Treas- 
urer, and Comptroller-General shall, on or before the first 
Tuesday in December each year, begining in 1894, or as 
soon thereafter as practicable, make an estimate of the entire 
common school fund for the State for the next succeeding 



Financial. 



27 



school year, and shall at once communicate in writing to the 
County School Commissioner of each county the amount of 
money that will be payable to his county; and on the first 
Tuesday in January in each year, or as soon thereafter as 
practicable, each County Board of Education shall meet and 
make the necessary arrangements for placing the schools in 
operation for the next school year, and shall have full author- 
ity in their discretion either to fix salaries for the payment 
of teachers, or to pay them according to the enrollment or 
attendance; provided, that nothing in this Act shall be con- 
strued to affect the right of the respective counties of the State 
to select the time of operating their schools, which shall be 
left entirely to the County Boards of Education, nor shall it 
affect or change the time of operating their schools under any ^i^s, page 
special or local laws in any county in this State ; -provided ^^' 
further, it shall not affect the monthly payment of teachers 
as by this Act directed. 

See Part xiv, Note 13. 

See Part xvi, Note 5. 

Payments to local school systems. 

Sec. 5. That in those counties having local school laws 
where the schools are sustained by local taxation for a period 
of five months or more, the State School Commissioner shall, 
on the first day of each month, or as soon thereafter as prac- 
ticable, notify the Governor of the amount of funds standing 

to the credit of each of such counties on the books of the , ^ 

Amended 
Treasurer on said dates, and thereupon the Governor shall Acts of 

' ^ 1894, page 

issue his warrants for said sums and the Treasurer shall draw ei. 

his checks for said sums without requiring the itemized 

statements as provided in Section 33 ; and the State School 

Commissioner shall immediately transmit said checks to the 

officer under the local school system authorized to receive its 

funds, and the State School Commissioner shall, in like 

manner, pay over to the proper officer under the school board 

of any town or city having a school system sustained by local 

taxation for a period of five months or more, and to which 

he is now authorized by law to make direct apportionments, 

such proportion of the entire county fund as shown on the 

books of the Treasurer as the school population of the town 



Acts of 
1893, page 

60. 



28 



Compilation of Common School Laws. 



Amended 
Acts of 
1894, page 
62. 



Acts of 
1894, page 
62. 



Acts of 
1887, page 
70. 



or city bears to the .population of the county, as shown by 
the last school census ; provided, that all children of school 
age resident in said county, and attending the public schools 
of such town or city, shall be counted in the school population 
of such town or city and be entitled to have their share of 
such county fund paid over to the proper officers of the school 
board of such town or city. 

(See Eeport State Department of Education, 1902, page 192.) 

Estimate of school fund. 

Sec. 6. That the school fund for each calendar year shall 
be a fixed and specified sum, and in order to carry out this 
provision the State School Commissioner, the Comptroller- 
General, and the Treasurer shall, on the first Tuesday of 
December of each year, beginning with 1894, or soon there- 
after as practicable, make an estimate of what the school fund 
for the • ensuing year shall be from the specific taxes, direct 
appropriations, and from any other sources of supply which 
now belong to the school fund or may hereafter belong to the 
school fund, and said fund, w^hen so estimated, shall be avail- 
able and payable at the time specified in this Act; provided, 
that in the event that the said specific taxes shall fall short 
of said estimate, then the balance necessary to meet the pro- 
visions of said estimate is hereby authorized to be paid from 
any fund in the treasury not otherwise appropriated. 

Sec 7. That when the State School Commissioner, the 
Comptroller-General and the Treasurer shall meet on the first 
Tuesday in December, or as soon thereafter as 'practicable, 
as provided in this Act, to make the estimate of the school 
fund .provided for in Section 4 of this Act, they shall base 
said estimate upon the amount of school fund coming into 
the treasury for the year preceding the year for which said 
estimate is made. 

Sources of school fund. 

Sec. 8. That for the support and maintenance of the 
common schools of this State, the poll tax, special tax on 
shows and exhibitions, all taxes on the sale of spirituous and 
malt liquors, dividends upon the stock of the State in the 
Bank of the State of Georgia, Bank of Augusta, Georgia 



Financial. 29 

Railroad and Banking Company, and such other means or 
moneys as now belong by law to the Common School Fund, 
one-half of the proceeds of the rental of the Western & At- 
lantic Railroad, or one-half of the annual net earnings of 
said railroad as ascertained by subtracting the annual cost 
of running and keeping up the road from the annual gross 
receipts under any charge of policy which the State may 
adopt hereafter in reference to said railroad ; all endow- 
ments, devises, gifts and bequests made, or hereafter to be 
made, to the State Board of Education ; the proceeds of any 
commutation tax for military service ; all taxes which may 
be assessed on such domestic animals as from their nature 
and habits are destructive to other property; all money re- 
ceived by the Agricultural Department of this State for the 
inspection of oils and fertilizers in excess of what may be 
necessary to defray the expenses of said Agricultural Depart- 
ment ; money arising from the lease of oyster lands ; and edu- 
cational fund now belonging to the State (except the endow- 
ment and debt due to the University of Georgia), and such 
other sums of money as the Legislature shall raise by taxation 
or otherwise from time to time for educational purposes, are 
hereby declared to be a common school fund; and when said 
common school fund shall be received and receipted for, from 
whatever source received, it shall be the duty of the officer 
authorized by law to receive such fund to keep the same sepa- 
rate and distinct from the other funds, and said fund shall be 
used for educational purposes and none other, and shall not 
be invested in bonds of this State, or in other stock, except 
when investment is necessary to carry out the conditions of 
an endowment, devise, gift, or bequest, and when taxes are 
paid into the treasury of the State the Comptroller-General 
shall in no case receipt a Tax-Collector for the same until 
that part of the tax so paid in, which was raised for school 
purposes, is separated in amount from the gross amounts paid 
in. 
Relief of forfeiture of school fund — unused balances. 

Sec. 9. That whenever a County Board of Education, or Acts of 

-r> 1 r T^ 1 • r • 1 11 1 r r ■^ ■ 1887, page 

Board of Education of any city, shall hereafter fail m any 79. 
year to make arrangements to put schools in operation, said 



30 Compilation of Common School Laws. 

county or city, as the case may be, shall forfeit all right to 
participation in the school fund of that year, unless the fail- 
1903, °page ure to arrange for schools was from Providential cause, or 
^^' other good and sufficient reason, the sufficiency of the reason 

to be judged of by the State Board of Education. That in 
all cases where any of the counties of this State have hereto- 
fore or may hereafter leave unused in the State Treasury any 
part of the public school fund to which they are entitled under 
the law, such fund shall be kept separate and applied to the 
use and benefit of the respective counties entitled to the same. 

Failure to put schools in operation. 

if^i °' ^^^- ^^- l^hat any county or city, which has failed to 

79- put schools m operation m any past year, and has never 

received its pro rata part of the State School Fund for that 
year, shall still be entitled to receive through the properly 
constituted authorities of the county or city that pro rata; 
provided, that the County School Commissioner of such 
county shall receive no compensation from the school fund 
of said county for such year, except for services rendered in 
taking the enumeration of the school population. 

Distribution of Public School fund. 

Section 1. In all cases where any of the counties of this 

Acts of 

1903, page State have heretofore, or may hereafter leave unused in the 

State Treasury any part of the public school fund to which 

they are entitled under the law, such fund shall be kept 

separate and applied to the use and benefit of the respective 

counties entitled to the same. 

Sec. 2. Such unused funds may be used by the respective 
boards of education of the counties entitled to the same for 
school purposes in their respective counties, and may be 
drawn on for such purpose as is now provided by law. 

Note. — If any public officer of any county in this State shall buy 
up at a discount, or in any manner speculate in what are known as 
"county orders" or in "jury scrip," or any other order or scrip 
which is to be paid out of any public fund of this State or of any 
county in this State, he shall be punished as for a misdemoanor anc 
shall be removed from office. (Code, Vol, III, See. 277.) 



65 



Financial. _ 31 

Additional Funds for Public Schools. 

Illegal granting of diplomas by medical colleges — Fine goes to 
State treastiry for educational funds. (§486 Code, Vol. III.) 

Selling or offering for sale rejected illuminating oils or fluids — 
Fine goes to public school fund of county in which prosecution is 
made. (§607 Code, Vol. III.) 

Wrongful use of branded vessels for illuminating oils or fluids — 
Fine goes' to public school fund of county in which prosecution is 
made. (§608 Code, Vol. III.) 

Cruelty to animals — One-half of fine goes to public school fund 
of county in which prosecution is made. (§704 Code, Vol. III.) 

Gaming contracts — Money recovered after six months goes partly 
to public school fund of county in which suit is entered. (§3671 
Code, Vol. II.) 

Property not returned but assessed — Overplus above amount due 
and costs goes to educational fund, subject to claim of true owner 
within four years. (§908 Code, Vol. I.) 

Proceeds of sale of estrays, subject to claim of owner within 
twelve months. (§1746 Code, Vol I.) 

The net amount arising from the hire of convicts of this State, 
when the Grand Jury of the county directs this fund to be applied 
to the schools of the county. (Acts of 1903, page 65.) 



32 Compilation oi? Common School Laws. 

PART VI. 



LONG TERM SCHOOLS. 



Supplemental contracts — common school fund admits 
pupils. 

Section 1. That whenever the Board of Education of 
Acts of any county within the State shall have entered into a contract 

82. ' with a teacher to teach a common school in any subdistrict 

within its jurisdiction in accordance with this Act, it shall 
be lawful for said teacher to enter into a supplemental 
contract with the patrons of said school to teach a private 
elementary school in connection with said common school, 
and to embrace the period allowed by law for the said public 
term ; provided, that the contracting with teachers under the 
provisions of this Act shall be left to the discretion of the 
several County Boards of Education. 

Sec. 2. That upon said private supplemental contract 
Acts of being examined and approved by the Board of Education of 

1887 iDase i -L * 

82. ' the county in which said school is located, it shall be the 

duty of said teacher to enter, as pupils in said private schools, 
all scholars of common school age (regard being had to sepa- 
rate schools as now* required by law) who may enter said 
school at any time within the term or scholastic year of said 
private school. It shall be the duty of said teacher to keep 
an accurate account of the number of such pupils and the 
number of days actually attended by each pupil, and when 
said private schools shall have closed, said teacher may make 
out an account against the County Board of Education for 
the full number of days each of said pupils may have attended 
said schools, not to exceed the whole number of days now or 
hereafter to be prescribed by law ; provided, that nothing in 
this Act shall be so construed as to prevent any common 
ochool scholar from entering said school as pupil, if the 
parent or guardian of said pupil shall elect to enter him or 
her for the period of the public term, and upon the merits of 
the common school fund only. That no teacher shall be con- 
tracted with under the provisions of this Act until he or she 



Long Term Schools. 33 

has been duly licensed as a common school teacher ; that every 
teacher contracted with under the provisions of this Act 
shall be required to make the same reports and returns to 
the County School Commissioners as are now required of 
teachers of common schools in this State, and until said 
private schools have been taught according to contract, and 
said reports and returns are so made, it shall not be lawful 
for the Board of Education to pay him or her for such serv- 
ices as such teacher. 



3i 



Compilation of Common School- Laws. 



PART VII. 



COUNTY INSTITUTES. 



Acts of 
1891, page 
121. 



Amended 
Acts of 
1892, page 
86. 



Amended 
Acts of 
1893, page 
61. 



Subjects — held by County School Commissioners — prepared 
by State School Commissioner — special examinations. 

Section 1. An Act authorizing the State School Com- 
missioner to organize and establish in each county in Georgia 
a Teachers' County Institute for the assembling and instruc- 
tion of the common school teachers of each county in the 
State, said institute to hold an annual session of one week's 
duration in each county of Georgia in the period of June, 
July and August, or in such other month as the State School 
Commissioner may deem best and expedient; provided, how- 
ever, that the State School Commissioner may, in his discre- 
tion, combine the annual session of said institutes, or any 
number of them, so that the same may be held in any county 
designated by him ; to prepare a program of exercises, with 
a syllabus of each subject named in said program, for each 
day's session of said institute; to require County School Com- 
missioners to operate at their regular per diem, said institute 
sessions under such general rules and regulations as he may 
deem best; to require all persons, white and colored, teaching 
in Georgia, or having licenses entitling them to teach in the 
State, provided that those not teaching have not permanently 
retired from teaching; to attend all sessions of said institutes 
held in the county of their residence, and perform all duties 
required of them as members of said institutes, unless provi- 
dentially prevented; to secure a prompt attendance of the 
teachers upon the exercises of said institutes by causing the 
County School Commossioners and County Boards of Edu- 
cation to collect such fines from absentees as may be deemed 
just and reasonable by said Commissioners and Boards ; 
provided, that no teacher shall be fined till he or she has 
stated the cause of his or her absence in writing, to said 
Commissioners and Boards, and they have duly considered 
the same; provided further, that all money thus collected 



County Institutes. 35 

shall be used in purchasing teachers' libraries for the counties 
in which said fines may be collected; to provide separate 
institutes for the white and the colored ; to pay from the 
educational fund of each county an amount not to exceed 
twenty-five dollars per annum for the purpose of securing 
the services of an expert in conducting the week's session 
of the institute of said county, which expert shall be chosen 
by the Coimty School Commissioner and the County Board 
of Education, which expert shall assist in conducting the 
exercises of each annual week's session of said institute in 
the county where he is thus employed; to cause all sessions 
of said institutes to be held at county seats, or such other 
places as may be selected by the County School Commis- 
sioner, and allow all persons so desiring to attend the sessions 
of said institutes : provided, that all visitors shall be subject 
to the rules and regulations of said institutes while attending 
the exercises of the same ; and to prescribe from time to time 
such other rules and regulations as he and the County School 
Commissioners may deem best for successfully operating said 
institute. 

Note. — In place of experts, supervisors provided to have charge 
of the institute work. See 1911 School Laws, page 102. 



54. 



36 Compilation of Common School Laws. 



PART VIII. 



EXAMINATION OF APPLICANTS FOR LICENSE TO 

TEACH. 



Grading of papers — licenses — graduates of colleges not 
exempt from examination. 

Section 1. That the County Commissioners shall examine 
Acts^^of "^ all applicants for licenses to teach in their respective counties, 
page'^n's. giving previous public notice of the day upon which the 
examinations are to take place, and said Commissioners shall 
be allowed to invite such persons as they may think proper 
to assist in these examinations. Applicants for license to 
teach in the common schools shall be examined upon orthog- 
raphy, reading, writing, English grammar, geography, arith- 
metic, and the science and practice of teaching in common 
schools. No license shall be granted any person to teach in 
the public schools, receiving money from the State, after the 
1901, page first Monday in January, 1903, who has not passed a satis- 
factory examination in physiology and hygiene (physiology, 
which shall include with other hygiene, the nature and effect 
of alcoholic drinks with other narcotics upon the human 
system) . Said examinations shall be held throughout the 
State on a day or days to be fixed by the State School Com- 
missioner, and on questions prepared and sent out by him to 
the County School Commissioners. The State School Com- 
missioner shall also prepare and supply the County School 
Commissioners with printed instructions as to the grading 
of applicants on and by a uniform grade ,and shall fix the 
lowest standard for each class of licenses. 

No applicant for teacher's license shall be examined on 
any other day than the one designated as above described, 
except in cases where the County Board of Education shall 
order a special examination ; no special examination shall be 
ordered by said Board except for good and sufficient reasons 
and to meet some special emergency. In such cases the 
questions shall be prepared by the County School Commis- 



Examination of Applicants. • 37 

sioner, or by some competent person under his authority, 
and their contents shall not be made known to the applicant 
or applicants until the examination actually commences ; 
said examination shall be conducted under the same rules and 
regulations as are provided by law for other examinations, 
but the licenses granted shall be valid only until the next 
examination ordered by the State School Commissioner, and 
it shall not be lawful for the County School Commissioner 
of any county, other than that in which said special examina- 
tion is held, to endorse a license granted thereunder. The 
County Board of Education shall have power, if they deem 
best, to employ teachers at a salary. 

Sec 2. It shall be the duty of the County School Com- ^^^^ ^^ 
missioners after thorough examination of the papers sub- ^^^'^' p^^® 
mitted by applicants for licenses as teachers, upon the exami- 
nation conducted as prescribed in the preceding Section, to 
grade the applicants according to the instructions furnished 
them by the State School Commissioner, submitting his report 
and recommendations thereon in writing to the County Board 
of Education, who shall grant to the applicants licenses of 
the first, second or third grade, to be determined by the quali- 
fications exhibited and the standard attained ; provided, they 
shall attain at least the lowest grade-mark fixed by the State 
School Commissioner for each grade ; and provided further, 
that each applicant submits with his or her examination paper 
satisfactory evidence in writing of good moral character. A 
license of the first grade shall continue in. force for three 
years, a license of the second grade for two years, and a 
license for the third grade for one year, which said licenses 
shall entitle teachers holding them to be employed for and 
during the period of their licenses in any of the common 
schools of the county where issued. Licenses, to be good in 
another county than the one in and for which they are issued, 
must be endorsed by the County School Commissioner of the 
county in which the applicant desires to teach. 

See Eeport ol Department of Education, 1903, page 66, rule 10 
of Rules of Examination. 

All students or graduates of any school, college or other 
institution of learning, shall be required to stand an exami- 



38 Compilation oif Common School Laws. 

nation as now prescribed by the general common school laws 
of this State before the County School Commissioner of each 
county in this State in which they desire to teach, and get 
a license from the County School Commissioner before being 
permitted to teach in the common or public schools of such 
county; provided, that nothing herein contained shall be con- 
strued to invalidate any license to teach in the schools in this 
State now held by any person. 

And all laws and parts of laws authorizing and entitling 
any student or graduate of any school, college or other insti- 
tution of learning, to teach in the common or public schools 
of this State on the certificate or diploma from any school, 
college or other institution of learning or the officers thereof, 
be, and the same are, hereby repealed. 

See Part XVI, Kote 2. 

Permanent License to teach. 

Sec. 3. After passing upon the examination papers as 
Acts of hereinbefore provided, if, in the opinion of the County School 

1899, page Commissioner, any one or more of them exhibit unusual 
merit, he shall forward such papers to the State School Com- 
missioner, together with his certificate of the good, moral 
and professional character of the applicant, and if, in the 
opinion of the State School Commissioner, said paper exhibit 
a sufficient degree of merit, he shall issue a permanent 
teacher's license to the applicant, which license shall be good 
in any county of this State, and which shall only be revocable 
by the State School Commissioner for good and sufficient 
cause. 

Revoking o£ Licenses — appeal — forgery in License a felony. 

Sec. 4. That the County Commissioner shall have power, 
and it shall be his duty, to revoke licenses granted by him, 
or his predecessors, for incompetency, immorality, cruelty to 
pupils, or neglect of his duties, and the . revocation of the 
license of any teacher shall terminate the connection of said 
Acts of teacher with any school which he may have been employed 

1887, page ^^ teach; but any teacher so dismissed shall have the right 
to appeal to the County Board of Education, whose decision 
shall be final. 

See Part xiv, Note 7. 



Examination of Applicants. 39 

Whoever, with intent to defraud the State or any county, 
town or city, or any person, shall falsely and fraduently 
make, forge, alter or counterfeit, or cause to procure to be 
falsely and fraudulently made, forged, altered or counter- 
feited, or willingly aid or assist in falsely and fradulently 
making, forging, altering or counterfeiting any certificate or 
license issued by any County School Commissioner of this 1900, page 
State, or the executive officer of any local school board to a 
teacher, shall be deemed guilty of a felony, and upon convic- 
tion therefor, shall be punished as prescribed by Section 233 
of the Penal Code. 



69. 



40 Compilation of Common School Laws. 



PART IX. 



SCHOOL CENSUS. 



Time for taking census. 

Section 1. That it shall be the duty of the County and 
18S7, °page City Boards of Education of this State to cause an enumer- 
ation of the children between six and eighteen years of age 
to be made under instructions from the State School Com- 
missioner, in the year 1888, and every ten years thereafter, 
as hereinafter -prescribed. In the year 1893, and every ten 
years thereafter, it shall be the duty of the State Board of 
Education, in the early part of the year, to have an estimate 
made from the last census taken by the authorities of the 
United States, of the number of children of school age in 
each county of the State, and in each town and city under 
a local school law, and if, from the evidence thus obtained, or 
from other evidence of any kind, the said Board shall become 
satisfied that a new enumeration of the school population 
ought to be taken for any county or counties, or for any town 
or city, or the entire State, it shall be their duty to order 
the said enumeration to be taken according^. 

Enumerators : Duties, compensation, oath — County School 
Commissioner as enumerator. 

Sec. 2. The different County or City Boards shall employ 
1887, page one or more competent, reliable persons to take the enumer- 
ation above mentioned, in their respective jurisdictions, and 
the persons so employed shall go from house to house, making 
a thorough canvass of the territory assigned them, taking the 
number of children between the ages of six and eighteen 
years, and distinguishing between the sexes and races. The 
persons thus employed shall be known as enuemrators of the 
school census, and shall take and report any additional sta- 
tistics required by the State School Commissioner. They 
shall receive as compensator a per diem not to exceed two 
dollars in the counties, or two dollars in the cities, or in the 



School Census. -1 1 

city and county where the same are under local laws, to be 
paid out of the school fund of the jurisdiction in which the 
work is done. They shall moreover, be required to make 
oath that the work done by them has been carefully and 
faithfully done according to the true intent and meaning of 
this Act, the form of oath to be prescribed by the State School 
Commissioner; provided, that nothing herein contained shall 
be construed to prevent the County Boards from employing 
the County School Commissioners to do the work contem- 
plated in this Section. 

New enumeration. 

Sec. 3. The State Board of Education is hereby em- 
powered to order at once a new enumeration when they are in 

Acts of 

doubt as to the accuracy of the return made from any county i8S7, page 
or city; but the enumeratiors first making their return shall 
receive no compensation in case it is found their enumeration 
was not correct. In case their enumeration is verified by the 
second enumeration, then both shall be paid, but the amount 
paid them shall be deducted from the school fund appropria- 
ted to this speical territory. 

Fixing compensation of enumerators. 

Sec. 4. The respective County or City Boards are hereby 
empowered to fix, within the limits prescribed above, the fg^^ °^ 
per diem compensation of the enumerators of the school census 
em-ployed by them. 

Note. — Clauses and special laws' authorizing annual school cen- 
sus are in conflict with this general law. 



page 

82. 



43 Compilation of Common School Laws. 



PART X. 



MISCELLANEOUS. 



County line schools. 

Section 1. That admission to all common schools of this 
Acts of State be gratuitous to all children between the ages of six 

33. ' ® and eighteen years residing in the subdistricts in which the 
schools are located; provided, that colored and white children 
shall not attend the same school ; and no teacher receiving or 
teaching white and colored pupils in the same school shall be 
allowed any compensation at all out of the common school 
fund. In special cases, to meet the obvious demand of con- 
venience, children residing in one subdistrict may, by express 
permission of the County Board, attend the common school 
of another subdistrict and when a common school is located 
near a county line, children from an adjoining county shall 
be permitted to attend the school ; provided, such children 
reside nearer such school or said school is more accessible 
to the residences of such children than any public school in 
the county of their residence. And in such cases, the teacher 
shall make out two accounts for his services, one against each 
County Board, in amount proportional toi the number of 
children in the school from the respective counties. 

Note. — ^A small incidental fee is a reasonable charge against all 
pupils who are able to pay the same. This fee should be applied 
only to current incidental expenses; keeping the house in order, 
providing crayon, fuel, etc. In a few schools of this State whose 
patrons are indifferent the teachers have had to meet the current 
incidental expenses. Every good school building should be under 
the constant care of a janitor, and patrons should make due provi- 
sion for the equipment and care of the school building. 

Note 2. — Teachers of county line schools should report to each 
county the number of pupUs and the amount of salary received from 
the other county. County Boards through the County School Com- 
missioner of each county should pay salaries of teachers according 
to contract direct to teachers of county line schools. 



Miscellaneous. 43 

Manual Labor Schools. 

Sec. 2. That the County Board of Education shall have 

Acts of 

power to organize in each county one or more manual labor i887, page 
schools on such a plan as shall be self-sustaining; provided, 
that the plan be first submitted to and approved by the State 
Board of Education. 

Evening schools. 

Sec. 3. That the Board of Education of any county shall Acts of 

1887 DELS'e 

have the power to establish, at such places as they may deem vs. 
proper, within the limits of their jurisdiction, a suitable 
number of evening schools for the instruction of such youths 
over twelve years of age as are prevented by their daily avoca- 
tions from attending day schools, subject to such regulations, 
not inconsistent with the provisions of this Act and the in- 
structions issued under it by the State School Commissioner, 
as said Board, from time to time, may adopt for the govern- 
ment thereof. 

Exemption of school property from taxation. 

Sec. 4. That each and every lot or parcel of land which Acts of 

-^ ^ 1887, page 

has been or may be hereafter obtained by purchase, or in 78. 
any other way, by any County Board of Education for the 
use of common schools, together with any school building that 
may have been or shall be erected thereon, and all school 
furniture shall be exempt from all taxes. State and county, 
and from levy and sale under any execution or other writ of 
order in the nature of an execution; provided, that the lot 
of land so exempted shall not exceed four acres, and if there 
be any excess over that number of acres, then that portion 
not to exceed four acres, most convenient for school purposes, 
shall be exempt as aforesaid, the exempted portion to be set 
off by order of the County Board. 

Scholastic month defined. 



Sec. 5. That from and after the passage of this Act, 



Acts of 



twenty school days shall constitute and be deemed and yse, page 

treated as a scholastic month in all the public schools of this 

State. 



44 Compilation orf Common School Laws. 

Local school systems. 

^^^g ^j Sec. 6. That nothing in this Act shall be so construed 

1SS7, page as to prevent any city with a population greater than two 
thousand inhabitants, or any county or town under authority 
of the General Assembly of this State, from organizing a 
public school system independent of this system, or to prevent 
the said independent organization from drawing its pro rata 
share of all educational funds raised by the State ; provided^ 
the chief executive officer of such independent organization 
shall make the same regular reports to the State School Com- 
missioner as are required from the County Commissioners by 
this Act; provided further, that nothing contained in this Act 
shall be construed to annul or repeal any local law now of 
force in any city or county in this State providing for the or- 
ganization and maintenance of the common or public schools 
in such city or county. 

Arbor Day. 

Sec. 7. The first Friday in December in each year shall 
^890-9°^ be set apart and consecrated as a day for tree-planting, and 

page 219. gj^g^jj ^g known throughout the State as "Arbor Day," that it 
shall be the duty of the State School Commissioner to take 
the matter of the observance of "Arbor Day," by the public,, 
under his general supervision, and through the County School' 
Commissioners to cause the public schools of the State to 
observe "Arbor Day," as the superintendents and teachers 
may think best, in order tO' show -the pupils the value and 
beauty of forestry by practical tree-planting on school, church,, 
and other public lots, lawns, as well as on public highways. 

Physiology and Hygiene to be taught in public schools. 

Acts of Sec. 8. The nature of alcoholic drinks and narcotics, and 

1901, page 

54. special instruction as to their effects upon the human system 

in connection with the several divisions of the subject of 
. physiology and hygiene, shall be included in the branches of 
study taught in common or public schools in the State of 
Georgia, and shall be studied and taught as thoroughly and 
in the same manner as other like required branches are in; 
said schools. 



Miscellaneous. 45 

Sec. 9. It shall be the duty of county and city superin- 
tendents of schools receiving aid from the State to report to 
the State School Commissioner any failures or neglect on the 
part of the Boards of Education to make provision for in- 
struction of all pupils in any or all the schools under their 
jurisdiction, in physiology and hygiene (physiology, which 
shall include with other hygiene the nature and effects of 
alcoholic drinks and other narcotics upon the human system), 
and the Board of Education of each county of this State shall 
adopt proper rules to carry the provisions of this law into 
effect. . 

Agriculture and Civil Government to be taught in the com- 
mon schools. 

Sec. 11. The elementarv principles of agriculture and Acts of 

' '^ , . ■ 1903, page 

the elements of civil government be mcluded m the branches 64. 

of study taught in the common or public schools in the State' 

of Georgia, and shall be studied and taught as thoroughly 

and in the same manner as other like required branches are 

studied in said schools. 

Sec. 12. It shall be the duty of the county commissioners 
of all schools receiving aid from the State to report to the 
State School Commissioner any failures or neglect on the 
part of their respective boards of education to make pro- 
visions for instruction of all pupils in an)^ and all of the 
schools under their jurisdiction in said branches, and the 
board of education of each county of this State shall adopt 
proper rules to carry the provisions of this law into effect. 

See Part XYI, Note 7. 

Georgia Day. 

The twelfth dav of February in each year shall be observed Acts of 

■^ -^ 1909, page 

in the public schools of this State, under the name of "Geor- i90- 
gia Day," as the anniversary of the landing of the first 
colonists in Georgia under Oglethorpe ; and it shall be the 
duty of the State School Commissioner, annually to cause 
the teachers of the schools under their supervision to conduct 
on that day exercises in which the pupils shall take part, 
consisting of written compositions, readings, recitations, ad- 



46 Compilation oi^ Common School Laws. 

dresses, or other exercises, relating to this State and its his- 
tory to the Hves of distinguished Georgians. When said 
day falls on Sunday, it shall be observed on the following 
Monday. 

Law for Binding out Children. 

Sec. 13. That all minors may, by whichever parent has 
the legal control of them, be bound out as apprentices to any 
respectable person, until they attain the age of twenty-one, or 
for a shorter period. 

Schools in new counties — Special Provisions. 

Sec. 14. The grand jury in each new county shall at the 
first session elect a county board of education, as now pro- 
vided by law, and that said county board of education shall 
immediately organize, and the said county board of educa- 
tion is hereby vested with all the powers and rights that are 
given by law to the county board of education in existing 
counties : that until the organization of the county board of 
education, the school in such new county shall remain under 
the control of the boards of education of the counties from 
which the territory to form said new county was taken, but 
immediately upon the organization of the county board of 
education in said new county such control shall cease and pass 
to the board of education of the new county, v/hich shall be 
entitled to manage and control the schools within the new 
county as now provided by law. 

Provided^ That in every instance when a new county has 
been or hereafter may be created out of the territory of any 
one or more of the counties organized prior to December 1, 
1903, and such old counties shall at the time of the ap- 
proval of this Act have on hand either in the Treasury of 
this State or elsewhere any funds subject to the provisions 
of the Act hereby amended, then such funds shall be equit- 
ably apportioned between such new county and the old 
counties whose territory went to the formation of the new 
county ,the basis of apportionment between the new county 
and the old counties affected to be the school population of 
said counties as the same may appear from the record in the 



Miscellaneous. 47 

office of the State School Commissioner, or as may be agreed 
upon by the authorities of counties affected. 

Sec. 2. Be it further enacted by the authority aforesaid, 
That it is hereby made the duty of said State School Com- 
missioner to apportion said funds and to cause the same to 
be paid over upon lawful demand to the respective counties 
entitled thereto. 

Sec. 3. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act be, 
and the same are, hereby repealed. 

Isolation and Quarantine in infectious diseases (Extracts 
from Rules and Regulations of State Board of Health). 

Section 18. No parent or householder shall permit infected per- 
sons (or persons exposed to infection), clothing, bedding, furniture, 
school-books', library-books, or other articles likely to convey infec- 
tion to be removed from the house until properly disinfected, under 
the supervision of the local board of health or its proper officer, or 
where no board exists, by the attending physician, in the manner 
recommended by the State Board of Health. 

Section 19. The isolation of patients and duration of quarantine 
in infections diseases' shall be as follows: 

Diphtheria ok Membranous Croup : For the Patient : Isolation 
for twenty-one (21) days from persons and domestic animals, and 
disinfection of premises. For persons associated with or in the 
house with the patient: Adults: Quarantine until after death or re- 
covery of the patient and disinfection of premises. Children: 
Quarantine for seven (7) days after disinfection of premises. Do- 
mestic pets, particularly cats, are frequent carriers of this infection. 
That the use of antitoxine lessens' the mortality, but does not at- 
tentuate the virus, so that the same length of quarantine shoiild be 
enforced whether antitoxins are or are not used. 

Scarlet Fe^ver (Scarletina, Scarlet Eash, Eoseola) : Isolation of 
pfltient and quarantine of children associated with, or in the house 
with the patient, for ten (10) days after complete desquamation or 
scaling of patient and disinfection of premises. 

Smaixpox: For the patient: Isolation until after all crusts or 
scales have fallen off, and the disinfection of patient's body and the 
premises. For exposed persons: Quarantine for sixteen (16) days 
from date of last exposure. 

Cholera: For the patient: Isolation until after complete recov- 
ery and disinfection of the premises. For exposed persons: Quaran- 
tine for five days (5) days from date of last exposure. 



48 Compilation op Common School Laws. 

Yellow Fever: Isolation in screened room (protected fire-place) 
until after complete recovery and disinfection of premises. 

Typhus Fever: For the patient: Isolation until after complete 
recovery and disinfection of the premises. For exposed persons: 
Quarantine for twenty-one (21) days from date of last exposure. 

Days to be observed by appropriate exercises. 

January 1 — New Year's Day. 

January 19 — ^Lee's Birthday. 

February 12 — Georgia Day. 

February 22 — Washington's Birthday. 

April 26 — ^Memorial Day. 

June 3 — Davis' Birthday. 

July 4 — Independence Day. 

September, First Monday — ^Labor Day. 

November, Last Thursday — Thanksgiving Day. 

December, First Friday — Arbor Day. 

December 25 — Christmas Day. 



Uniform Text Book Law. 49 



PART XL 



UNIFORM TEXT-BOOK LAW. 



School-Book Commission. 

Section" 1. . Be it enacted by the General Assembly of f^^^ °^^^^ 
the State of Georgia, and it is hereby enacted by authority of ^^• 
the same, That the State Board of Education, consisting of 
the Governor, Secretary of State, Comptroller-General, Attor- 
ney General and State School Commissioner, be, and are, here- 
by made the School-book Commission of the State of Georgia. 
The members of the said School-book Commission shall serve 
without compensation ; the Governor shall be President and 
the State School Commissioner shall be the executive of- 
ficer of said School-book Commission. Before transacting 
any business relating to the duties of this Commission, they 
shall each take an oath before some person authorized to ad- 
minister same, to faithfully discharge all the duties imposed 
upon them as members of the said School-book Commission, 
and that they have no interest, direct or indirect, in any con- 
tract that may be made under this Act, and will receive no per- 
sonal benefit therefrom. 

Uniform series of text-books. 

Sec. 2. Be it also enacted by the authority aforesaid. That 
from and after the first day of January, 1904, or such date 
thereafter, not more than sixty days, as shall be deemed neces- 
sary and practicable by the School-book Commission to allow 
to the contractors to furnish to the schools of the State the 
books included in the contracts made by such Commission with 
such contractors, a uniform series of text-books, shall be used 
in all the common schools of this State, to be adopted in the 
manner and for the time hereinafter provided, which uniform 
series of books shall be in use in all the common schools of 
this State, and shall include the following elements of an En- 
glish education only, to wit : Orthography, reading, writing, 
arithmetic, geography, English language lessons, English 



50 Compilation oif Common School Laws. 

grammar, history of Georgia, containing the Constitution of 
the State of Georgia, history of the United States, containing 
the Constitution of the United States, physiology and hygiene, 
the elementary principles of agriculture and civil government, 
and such other branches of study in addition to the above-men- 
tioned as may be from time to time provided for by statute, 
and not conflicting with the Constitution of this State, pro- 
vided, that none of said text-books so adopted shall contain 
any thing of a partisan or sectarian character; and provided, 
that no county, city or town that levies a local tax for the pur- 
pose of maintaining a system of graded schools which local 
tax, together with the State fund, is sufficient to maintain 
said system of graded schools, for as long a period as eight 
months in each year, shall be included in the provisions of 
this Act: but if the duly constituted authorities in charge of 
any local system in this State should desire to use any of the 
books selected by said School-book Commission, the said local 
system shall have the privilege of buying said books at the 
same price and on the same terms at which they are furnished 
to the common schools of the State. 

Sub-commission. 

Sec. 3. Be it further enacted by the authority aforesaid, 
That it shall be the duty of the said School-book Commission 
to elect a sub-commission of five, to be selected from among 
the teachers of the State who are actively engaged in school 
work, either as normal school teachers, common school teach- 
ers, graded school teachers, county school commissioners or 
city superintendents, provided, that no more than one of the 
members of said sub-commission shall be taken from one 
congressional district. Sample copies of all books sent to the 
said School-book Commission as specimen copies upon which 
bids are to be based shall be referred to the sub-commission 
for examination, and said sub-commission shall examine and 
report upon the merits and demerits of the books irrespective 
of prices, taking into consideration the subject-matter of the 
books, their printing, their material and mechanical quali- 
ties and their general suitability and desirability for the pur- 
pose for which they are desired and intended. It shall further 



Uni]?orm Text Book Law. 51 

be the duty of each member of said sub-commission to make 
an individual report to the said School-book Commission at 
such time as said Commission shall direct, arranging each 
book in its class, and reporting them in the order of their 
merit, pointing out the merits and demerits of each book, 
and indicating what books he recommends for adoption first, 
what book is his second choice, and what his third choice, 
and so on, pursuing this plan with the books submitted upon 
each branch of study ; and if any member of said sub-commis- 
sion shall consider different books upon the same subject or 
of the same class or division of approximately equal merit, all 
things being considered, he shall so report, and if he thinks 
that any of the books offered are of such character as to make 
them inferior and not worthy of adoption, he shall, in his 
report, designate such books, and in said report each member 
of said sub-commission shall make such recommendation and 
suggestions to the said School-book Commission as he shall 
deem advisable and proper to make. Said individual reports 
of the different members of the sub-commission shall be kept 
secret and sealed and shall be delivered to the Secretary of 
State, and said report shall not be opened until the said School- 
book Commission shall meet in executive session to open and 
consider the bids or proposals of publishers and others desir- 
ing to have books adopted by said commission. Each mem- 
ber of said sub-commission, before entering upon the duties 
of said sub-commission, shall take and prescribe an oath to 
act honestly, conscientiously and faithfully, and that he is 
not directly or indirectly in any manner interested in any 
of the proposed contracts, nor in any book or publishing con- 
cern of any kind or character, and that he will examine all 
books submitted carefully and faithfully, and make true 
reports thereon, as herein directed and prescribed ; said oath 
shall be filed in the office of the Secretary of State. Said 
School-book Commission shall hear and consider said reports 
of the members of the sub-commission in its selection and 
adoption of the uniform series of text-books, and shall also 
themselves consider the merits of the books, taking into con- 
sideration the subject-matter, the printing, binding and ma- 
terial and mechanical qualities and their general suitability 



52 Compilation of Common School Laws. 

and desirability for the purposes intended, and the price of 
said books ; and they shall give due consideration and great 
weight to the reports and recommendations of the sub-com- 
mission; provided, that no text-book, the subject-matter of 
which is of inferior quality, shall be adopted by the said 
School-book Commission. Said School-book Commission 
shall select and adopt such books as will, in their best judg- 
ment, accomplish the ends desired. When the said School- 
book Commission shall have finished with the reports of said 
sub-commission, the individual reports of the members of 
said sub-commission shall be filed and preserved in the office 
of the State School Commissioner, and shall be open at all 
times for public inspection. 

Bids. 

Sec 4. Be it further enacted. That the said School-book 
Commission shall meet in the office of the State Commis- 
sioner not later than September 1, 1903, and advertise in 
such manner and form as they may deem best, that, at a time 
to be fixed by said commission to be named in the adver- 
tisement, and not to be later than November 1, 1903, said 
School-book Commission will receive at the office of the State 
School Commissioner, in the city of Atlanta, sealed bids or 
proposals from the publishers of school-books for furnish- 
ing books to the public common schools of the State of Geor- 
gia through agencies established by said publishers in the 
several counties and places in counties in the State, as may 
be provided for in such regulations as said School-book Com- 
mission may adopt and prescribe. The bids or proposals shall 
be for furnishing the books specified for a period of five 
years, and no longer. Said bids or proposals shall state specif- 
ically and clearly the retail price at which each book will be 
furnished, and also the exchange price for the introduction of 
such books. Each bid or proposal shall be accompanied by 
specimen copies of each and all books to be furnished in 
said bid ; and it shall be required that each bidder shall depos- 
it with the Treasurer of the State of Georgia a sum of money 
such as the said School-book Commission may require, of 
not less than five-hundred dollars, and not more than twenty- 



Uniform Text Book Law. 53 

five hundred dollars, according to the number of books each 
bidder may propose to supply, and such deposit shall be for- 
feited absolutely to the State if the bidder shall fail or refuse 
to make and execute such contract or bond as is hereinafter 
required within such time as the said School-book Commission 
may require, which time shall not be later than January 1, 
1904, and shall also be stated in said advertisement. All bids 
shall be sealed and deposited with the Secretary of State, to 
be by him delivered to the said School-book Commission 
when they are in executive session for the purpose of con- 
sidering the same, when they shall be opened in the presence 
of said School-book Commission ; provided, that the School- 
book Commission shall have authority, upon the acceptance 
of any bid and the execution of any contract to furnish 
school-books under the provisions of this Act, to allow such 
time, after January 1, 1904, as may be deemed by said Com- 
mission reasonable and necessary (not more than sixty days), 
to the contractor making such bid or contract, within which 
to furnish to all the schools of this State coming under the 
provisions of this Act, with all the books contracted to be 
furnished. 

Adoption — contracts — forfeitures and recoveries on Bonds. 

Sec. 5. Be it further enacted by the authority aforesaid. 
That it shall be the duty -of said School-book Commission to 
meet at the time and place noted in said advertisement and 
take out the specimen copies submitted and upon which bids 
are based, and refer and submit them to the sub-commission 
as provided for and directed in Section 3 of this Act, with 
instruction to the said sub-commission to report to them at a 
necified time with their reports, classifications and recom- 
mendations as provided in Section 3. When the said reports 
are submitted it shall be the duty of the said School-book 
Commission to open and examine all sealed proposals sub- 
mitted and received in pursuance of the notice provided in 
Section 4 of this Act. It shall then be the duty of said School- 
book Commission to examine and consider carefully all such 
bids or proposals, together with the reports and recom- 
mendations of the members of the sub-commission, and deter- 



54 Compilation of Common School Laws. 

mine, in the manner provided in Section 3 of this Act, what 
book or books upon the branches herein above mentioned, or 
that hereafter may be added by said School-book Commission, 
or may be hereinafter provided for in this Act, shall be se- 
lected and adopted, taking into consideration the size, qual- 
ity as to subject-matter, material, printing; binding, and the 
mechanical execution and price and the general suitability 
for the purposes desired and intended. And after such adop- 
tion shall have been made, the said School-book Commission 
shall, by registered mail, notify the publishers or proposers to 
whom contracts have been awarded, and it shall then be the 
duty of the Attorney-General of the State to prepare the said 
contract or contracts in accordance with the terms and pro- 
visions of this Act, and the said contract shall be executed 
by the Governor and attested by the Secretary of State with 
the seal of the State attached upon the part oi the State of 
Georgia, and the said contract shall be executed in triplicate, 
one copy to be kept by the contractor, one copy by the School- 
book Commission, and copied in full upon the minute-book 
of the commission, and one copy to be filed in the office of 
the Secretary of State. At the time of the execution of the 
contract aforesaid, the contractor shall enter into a bond in 
the full sum of not less than one thousand dollars nor more 
than twenty thousand dollars, payable to the State of Georgia, 
the amount of said bond within said limits to be fixed by said 
School-book Commission, conditioned upon the faithful, hon- 
est and exact performance of said contracts, and shall further 
provide for the payment of reasonable attorney's fees in case 
of recovery on any suit upoA the same, with three or more 
good and solvent sureties, actual citizens and residents of 
the State of Georgia, or any guarantee company authorized 
to do business in the State of Georgia may become the surety 
on the said bond; and it shall be the duty of the Attorney- 
General to prepare and approve said bond ; provided, how- 
ever, that said bond shall not be executed in a single recov- 
ery, but may be sued upon from time to time, until the full 
amount thereof shall be recovered; and the said School-book 
Commission, may, at any time, by giving thirty days' notice, 
require additional security or additional bond within the 



Uniform Tbxt Book Law. 55 

limits prescribed. And when any persons, firm or corporation 
shall have been awarded a contract and submitted therewith 
the bond as required hereunder, the said School-book Com- 
mission through its secretary, shall so inform the Treasurer 
of the State, and it shall then be the duty of the Treasurer 
of the State to return to such contractor the cash deposit 
niade by him ; and the said School-book Commission, through 
its secretary, shall inform the Treasurer of the State of the 
names of the Unsuccessful bidders or proposers, and the 
Treasurer of the State shall, upon receipt of this notice, return 
to the unsuccessful bidders or proposers the amount deposited 
in cash by the unsuccessful bidders or proposers at the time of 
the submission of their bids. But should any person or persons, 
firm, company or corporation fail or refuse to execute the 
contract and submit therewith his bond as required by this 
Act within thirty days of the awarding of the contract to him 
and the mailing of the registered letter containing the notice 
(and it is hereby provided that the mailing of the registered 
letter shall be sufficient evidence that the notice was given 
and received), the said cash deposit shall be deemed and de- 
clared forfeited to the State of Georgia, and it shall be the 
duty of the Treasurer to place said cash deposit in the treas- 
ury of the State to the credit of the school fund; and pro- 
vided, further, that any recovery had on any bond given by 
any contractor shall inure to benefit of the school fund of 
the State, and when collected shall be placed in the treasury 
to the credit of the school fund and be prorated among the 
several counties of the State. 

Standard of books — prices— exchange price. 

Sec. 6. Be it further enacted by the authority aforesaid. 
That the books furnished under any contract shall be equal 
in all respects to the specimen or sample copies furnished 
with the bids; and it shall be the duty of the Secretary of 
State to preserve in his office, as the standards of quality and 
excellence to be maintained in such books during the con- 
tinuance of such contract, the specimen or sample copies of 
all books which have been the basis of any contract, together 
with the original bid or proposal. It shall be the duty of all 



56 Compilation of Common School Laws. 

contractors to print plainly on the back of each book the con- 
tract .price as well as the exchange price at which it is agreed 
to be furnished, but the books submitted as sample or speci- 
men copies with the original bids shall not have the price 
printed on them before they are submitted to the sub-com- 
mission. And the said School-book Commission shall not 
in any case contract with any person, publisher or publishers 
for the use of any book or books which are to be or shall be 
sold to patrons for use in any public school in this State at 
a price above or in excess of the price at which such 
book or books are furnished by said person, publisher or pub- 
lishers under contract to any State, county or school district 
in the United States under like conditions prevailing in that 
State and in this Act ; and it shall be stipulated in each con- 
tract that the contractor is not now furnishing, under con- 
tract, any State, county or school district in the United 
States where like conditions prevail as are prevailing in this 
State and under this Act, the same book or books as are em- 
braced in said contract at a price lower or less than the prices 
stipulated in the said contract ; and that in case said con- 
tractors shall hereafter, during the term of said contract, 
contract to furnish, or furnish, to any State, county or school 
district such book or books at a lower price than that named 
in the contract, such lower price shall become the price of 
such book or books under the contract entered into with the 
said School-book Commission. And the said School-book 
Commission is hereby authorized and directed at any time 
they find that any book or books are being sold at a lower 
price, under contract, to any State, county or school district 
aforesaid, to sue upon the bond of said contractor and re- 
cover the difference between the contract price and the lower 
price at which they find the books are being sold. And in 
case any contractor shall fail to execute specifically the terms 
and provisions of his contract, said School-book Commission 
is hereby authorized, empowered and directed to bring suit 
and all damages, the suit to be in the name of the State of 
Georgia and the recovery for the benefit of the public school 
fund. But nothing in this Act shall be construed so as to 
prevent said School-book Commission, and any other con- 



Uniform' Text Book Law. 57 

tractor agreeing thereto, from .in any manner changing or 
altering any contract, provided four members of the State 
School-book Commission shall agree to the change and think 
it advisable and for the best interest of the public schools 
of the State. In all other matters a majority of said School- 
book Commission shall control. 

Sec. 7. Be it further enacted by the authority aforesaid, 
That it shall be always a part of the terms and conditions of 
any contract made in pursuance of this Act, the State of 
Georgia shall not be liable to any contractor, in any manner, 
for any sum whatever ; but all such contractors shall receive 
their pay or consideration in compensation solely and ex- 
clusively derived from the proceeds of the sale of books, as 
provided for in this Act ; provided further, that the said 
School-book Commission shall stipulate in the contract for 
the supplying of any book or books, as herein provided, that 
the contractor or contractors shall take up the school-books 
now in use in this State and receive the same in exchange 
for new books at a .price not less than fifty per cent, of the 
contract price ; but the exchange period shall not extend be- 
yond the limit of one year from time of the expiration of 
contracts existing in counties in which such said change shall 
be required under this Act. And each person or publisher 
making any bid for the supplying of any books hereunder 
shall state in such bid or proposal the exchange price at which 
such book or books shall be furnished. 

Bids may be rejected. 

Sec. 8. Be it further enacted by the authority aforesaid, 
That the said School-book Commission shall have and reserve 
the right to reject any and all bids or proposals if said com- 
mission be of the opinion that any or all bids should, for any 
reason, be rejected ; and in case they fail from among the 
bids or proposals submitted to select any book or books upon 
any of the branches of study herein provided for in this Act, 
they may re-advertise for sealed bids or proposals under 
same terms and conditions as before, and proceed in their 
investigation in all respects as they did in the first instance 
and as required by the terms and provisions of this Act. 



58 Compilation of Common 'School Laws. 

Proclamation by the Governor. 

Sec. 9. Be it further enacted by the authority aforesaid, 
That as soon as said Commission shall have entered into a 
contract or contracts for the furnishing or supplying of 
books for use in the public schools of this State, it shall be 
the duty of the Governor to issue his proclamation announc- 
ing such fact to the people of the State. 

Depositories. 

Sec. 10. Be it further enacted by the authority aforesaid. 
That the party or parties with whom the contract or con- 
tracts shall be made shall establish and maintain in some city 
in this State a depository where a stock of their books suf- 
ficient to supply all the immediate demands shall be kept. 
They shall also establish and maintain not less than one nor 
more than three agencies in every county in the State as the 
State School-book Commission shall deem advisable and de- 
mand, for distribution of the books to the patrons; but the 
contlractor shall also be permitted to make arraingements 
with merchants or others for the handling and distribution 
of the books. Any party not living conveniently near an 
agency or county depository may order any books desired 
from the central depository direct, and it shall be the duty 
of the contractor to deliver any book or books so ordered to 
the person so ordering to his postoffice address, freight, ex- 
press, postage or other charges prepaid, at the retail contract 
price ; provided, that the price of the book or books so 
ordered shall be paid in advance. All books shall be sold to 
the consumer at the retail contract prices, and on the cover 
of each book shall be printed the following: "The price 
printed hereon is fixed by a State contract, and any devia- 
tion therefrom shall be reported to your County School Com- 
missioner or to the State School Commissioner at Atlanta" ; 
and it is expressly provided that should any party contract- 
ing to furnish books as provided for in this Act fail to fur- 
nish them, or otherwise breach his contract, in addition to 
the right of the State to sue on the bond herein above re- 
quired, the County Board of Education may sue in the name 
of the State of Georgia in any court having jurisdiction and 



Uniform Text Book Law. 59 

recover on the bond of the contractor the full value of the 
books so failed to be furnished, for the use and benefit of 
the school fund of the county; provided, that the right of 
action given to the County Board of Education shall be lim- 
ited to breaches of the contract committed in that county. 

Powers of Commission. 

Sec. 11. Be it further enacted by the authority aforesaid, 
That the said School-book Commission may from time to time 
make any necessary regulations not contrary to the provis- 
ions of this Act, to secure the prompt distribution of the 
books herein provided for and the prompt and faithful exe- 
cution of all contracts ; and it is expressly now provided that 
said commission shall maintain its organization during the 
five years of the continuance of the contract, and after the 
expiration of the same to renew such of them as they deem 
advisable, or re-advertise for new bids or proposals as re- 
quired by this Act in the first instance, and enter into such 
other contracts as they may deem for the best interest of the 
patrons of the public schools of the State; provided, that any 
contract entered into or renewed shall be for the term of five 
years. 

Notice by State School Commissioner. 

Sec. 12. Be it further enacted by the authority aforesaid, 
That as soon as practicable after the adoption provided for 
in this Act, the State School Commissioner shall issue a 
circular letter to each county commissioner and city super- 
intendent in the State, and to such others as he may desire 
to send it, which letter shall contain the list of books adopted, 
the prices, location of agencies, method of distribution, and 
such other information as he may deem necessary. 

Books adopted to be used to exclusion of others — Supple- 
mentary readers. 

Sec. 13. Be it further enacted by the authority aforesaid, 
That the books adopted under the provisions of this Act shall 
be used to the exclusion of all others on the same subject in 
all the public common schools of the State; provided, that 
supplementary readers may be used in any of the common 



60 Compilation of Common School Laws. 

schools of the State, but even supplementary readers shall 
not be used until after the regular readers -prescribed have 
been completed, and in no case shall supplementary readers 
be used to the exclusion of the regular readers adopted under 
this Act. 

Sec. 14. Be it further enacted by the authority aforesaid, 
That any person or persons violating the preceding Section 
of this Act shall be deemed guilty of a misdemeanor and 
upon conviction shall be punished by a fine of not less than 
ten dollars nor more than twenty-five dollars. 

Penalties for violation of law. 

Sec. 15. Be it further enacted by the authority aforesaid, 
That if any county school commissioner fails or refuses to 
enforce the provisions of this Act, said county shall receive 
no part of the public school fund of the State of Georgia 
until the provisions of this Act have been complied with. 
Any teacher of a public common school in this State vio- 
lating the provisions of this Act shall not receive any salary 
so long as he or she shall fail to carry out the provisions of 
this Act. Any teacher who shall use or permit to be used in 
his or her school any text-book upon the branches embraced 
in this Act, where the commission has adopted a book .upon 
that branch, other than the one so adopted (except it be sup- 
plementary readers, as provided in Section 13) shall be 
guilty of a misdemeanor and shall be punished as provided 
in Section 14 of this Act. 

Sec. 16. Be it further enacted by the authority aforesaid, 
That if any local agent, dealer, clerk or other person hand- 
ling or selling the books adopted under this Act shall demand 
or receive for any copy of any of the books herein provided 
for, more than the contract price in cases where the. purchase 
is for cash, he shall be guilty of a misdemeanor, and upon 
conviction shall for each offense be punished by a fine not 
less than fifty nor more than two hundred dollars. 

Appropriation for expenses of adoption. 

Sec. 17. Be it further enacted by the authority aforesaid, 
That the sum of one thousand dollars, or so much thereof as 



Uniform Text Book Law. 61 

may be necessary,, to be paid out of the public school fund, 
be, and is, hereby appropriated for the purpose of paying 
the cost and expense of carrying into effect the provisions of 
this Act. 

Per diem and expenses of members of sub-commission. 

Sec. 18. Be it further enacted by the authority aforesaid, 
That said School-book Commission shall serve without com- 
pensation, and the members of the sub-commission of five 
sl'i?ll be paid a per dieni of four dollars per day during the 
time they are Hctually engaged, noi to exceed thirty days, 
and in addition shall be repaid all money actually expended 
by them in the payment of necessary expenses, to be paid out 
of the public school fund, and they sh.ill make out and swear 
to an itemized statement of such expenses. 

Terms of contract. 

Sec. 19. Be if further enacted by the authority aforesaid, 
That the adoptions made under the provisions of this Act 
shall continue for five years from the first day of January, 
1901, and any adoption of books made after this time shall 
terminate with all other adoptions on the first day of Janu- 
ary, 1904, and that all contracts for school books made by 
county boards of education now existing and extending be- 
yound the first of January, 1904, shall not be affected by 
this Act, but no new contracts shall be made after the pas- 
sage of this Act by any county board of education, or by the 
board of education of any city or town in this State, except 
the boards of education in Georgia having under their con- 
trol a system of graded schools in part supported by local 
taxation and maintained for at least eight months in each 
year. 

Repealing clause. 

Sec. 20. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act be, 
and the same are, hereby repealed. 

Approved August 13, 1903. 



6'3 Compilation of Common School Laws. 



LOCAL TAX DISTRICT SCHOOLS AND LOCAL TAX 
BY COUNTIES. 



(AMENDED AUGUST 22, 1907.) 



County Boards to lay off school districts. 

Section 1. Be it enacted by the General Assembly of 
Georgia, and it is hereby enacted by authority of the same. 
That within thirty days after the passage of this Act, or as 
soon thereafter as practicable, it shall be the duty of the 
County Board of Education of each county in Georgia to lay 
off the county into school districts, the lines of which shall be 
clearly and positively defined by boundaries such as creeks, 
public roads, land lots, district lines or county lines. The 
school district thus marked out shall contain an area of not less 
than sixteen square miles, and, when practicable, shall be so 
shaped as to have the school building as near the center as 
possible, and no territory shall be included whose occupants 
reside further than three miles from the school house without 
written petition of two-thirds of the qualified voters therein; 
provided, that the Board of Education may have the right to 
establish districts with areas less than sixteen square miles 
where there are natural causes or local conditions that make 
it necessary to do so. The natural causes which will permit 
the creation of smaller districts are mountains, streams over 
which there are no bridges, and dangerous roads. Local con- 
ditions which will permit the creation of small districts must 
be determined by the Board of Education. 

In counties having incorporated towns, now levying a; 
local tax for educational purposes, and operating a public 
school system under their own charter or special Act of the 
Legislature, the County Board of Education, with the consent 
of the municipal authorities, may create a school district larger 
than the incorporated limits of the town by adding adjacent 
territory not already included in the incorporate limits, and 
the district thus marked out shall become a school district 



Local Tax Law. 63 

upon the vote of the people as hereinafter privided, but such 
school district, including incorporated towns having a popu- 
lation of four thousand or more, shall be and remain under 
the exclusive supervision and direction of the school boards 
of the previously chartered schools in said class of incorpo- 
rated towns and not under supervision of the County 
Board of Education; and the school boards of such chartered 
schools in incorporated towns shall be trustees of said school 
district under this Act; provided further, that if there be 
located in such district a chartered school controlled by a 
board of stockholders or by board of directors elected by 
them, the management and control of said chartered school 
shall remain in them, and they shall have all the rights and 
privileges of this Act to collect local taxes as hereinafter pro- 
vided in this Act, and to receive the share of the State public 
school fund. A map of the county thus laid off, plainly out- 
lining the boundaries of the school district with full descrip- 
tion thereof, shall be filed with the Ordinary within forty 
days after the passage of this Act, or as soon thereafter as 
practicable, and the boundaries of said school districts shall 
not be altered any oftener than once a year. The County 
Board of Education in laying off the county shall disregard 
any school districts embracing territory not included in in- 
corporated towns heretofore created by special Act of the Leg- 
islature. The failure on the part of any board of education 
to perform the duties required by this Act, shall be immedi- 
ately inquired into by the first grand jury sitting after such 
neglect of duty, and if said grand jury shall find that any 
member or members of said board have failed to perform 
their duty it shall report the same to the judge of the su- 
perior court, who shall cause a rule nisi to issue against such 
member or members, and they shall be heard by the judge in 
their own behalf ; if the said member or members can not 
give a good and sufficient reason why they have not per- 
formed their duties as required by this Act, they shall be dis- 
charged, and the said judge shall fill the vacancies until the 
next grand jury shall meet. 



64 Compilation of Common School Laws. 

Election of Trustees. 

Sec. 2. Be it further enacted, That within ninety days 
after the Board of Education has laid off the county as re- 
quired in Section 1, the said Board of Education shall order 
the citizens of the several school districts to hold an election 
for the purpose of electing three trustees for each district in 
the county. Said election shall be held at a time and place, 
and in a manner prescribed by the County Board of Edu- 
cation. The said trustees shall be intelligent citizens of good 
moral character who are known to be earnest supporters of 
public education, and thc)^ shall serve one for three 5^ears, 
one for two years, and one for one year, as the County 
Board of Education may determine. In districts containing 
incorporated towns there may be five trustees, one of whom 
shall be elected for one )^ear, two for two yars, and two for 
three years. The notice of their election shall be filed by the 
election managers with the County School Commissioner, 
who shall submit the same to the County Board of Educa- 
tion for their approval. After the said local board of 
trustees have been approved and properly commissioned by 
the County Board of Education, it shall meet immediately 
and organize by electing one of its members president, and 
one secretary and treasurer. If the County Board of Edu- 
cation should consider any member or members unqualified 
for the work, they shall refuse to confirm the election of such 
member or members and require the citizens of a district at 
a time and place, and in a manner prescribed by the County 
Board of Education, to elect others. At the expiration of 
the term of office of the members thus elected the citizens of 
a district shall meet at a time and place, and in a manner 
prescribed by the County Board of Education, and elect 
their succesors, who must be approved by the County Board 
of Education as hereinbefore provided, and the election shall 
be for a term of three years. If any member should refuse 
to act, or should be guilty of any conduct unbecoming the 
dignity of a school trustee, the County Board of Education 
sh dl have the right, upon a written complaint of a majority 
of the voters of the district, to remove said member and have 
his successor elected as hereinbefore provided. But no 



Local Tax Law. 65 

trustee shall be removed from office without sufficient proof, 
and he shall be served with a copy of such complaint at least 
ten days prior to the day set for the hearing, when such 
trustee shall be afforded an opportunity to be heard in his 
defense. 

County elections how ordered — who shall vote — limit to 
rate of taxation. 

Sec. 3. Be it further enacted, That whenever the citi- 
zens of any county wish to supplement the public school fund 
received from the State by levying a tax upon the property 
of the county, it shall be the duty of the Ordinary to order 
an election, not earlier than twenty days, nor later than sixty 
days, after receiving a petition of one-fourth of the qualified 
voters of the county ; and notice of the same shall be pub- 
lished in at least three weekly issues of the county news- 
paper in which legal advertisements of the county are pub- 
lished. Said elections shall be held as ordinary county elec- 
tions are held. Those favoring the levying of the local tax 
shall vote for "Local tax for public schools" ; those opposed 
shall vote "Against local tax for public schools." The re- 
turns of said election shall be made to the Ordinary of the 
county, who shall declare the results, and two-thirds of those 
voting shall be necessary to carry said election for local tax- 
ation for public schools. An election for the same purpose 
shall not be held oftener than every twelve months. No 
person shall be allowed to vote in said election except those 
regularly qualified to vote in State and county elections. If 
the election is carried for local taxation, the Ordinary or 
Board of County Commissioners, whichever levies the county 
tax, shall levy a local tax as recommended by the county 
Board of Education upon all the property of the county, not 
to exceed one-half of one per cent., and the same shall be 
collected by the county tax collector and paid by him to the 
County Board of Education. The county tax collector shall 
keep the funds thus collected separate and distinct from 
all county and State funds, and he shall receive a commis- 
sion of two and one-half per cent, for collecting the same. 
Provided, That if there be an incorporated town in a county 



(i'6 Compilation of Common School Laws. 

holding an election as provided in this Section now operating 
a public school system, it shall not be included in the elec- 
tion without consent of the municipal authorities, but if the 
municipal authorities should so wish, they may abolish their 
system by a special Act of the Legislature and avail them- 
selves of the provisions of this bill. 

See amendments to this Section approved August 14, 
1909. Page 70. 

Levy and collection of district tax. 

Sec. 4. Be it further enacted, That whenever the citi- 
zens of any school district wish to supplement the funds re- 
ceived from the State public school fund by levying a tax 
for educational purposes, they shall present a petition from 
one-fourth of the qualified voters of the district to the Ordi- 
nary, who shall order the election not earlier than twenty 
days, nor later than sixty days, after the petition is received ; 
provided, that notice of same shall be posted in at least three 
conspicuous places in the district ten days prior to the elec- 
tion. The election shall be held at a time and place pre- 
scribed by the proper authorities ,and under rules governing 
ordinary elections. Those favoring local taxation for public 
schools shall vote ''For local taxation for public schools" ; 
those opposed shall vote "Against local taxation for public 
schools." The returns of said .election shall be made to the 
Ordinary of the county, who shall declare the results, and 
two-thirds of those voting shall be necessary to carry the 
election for local taxation for public schools. No person 
shall vote in said election except the regularly qualified 
voters residing in the district six months prior to the elec- 
tion. All election for the same purpose shall not be held 
oftener than every twelve months. 

Tax returns in local-tax districts. 

Sec. 5. Be it further enacted. That in those districts 
which levy a local tax for educational purposes, the board 
of trustees shall make all rules and regulations to govern the 
schools of the districts, and build and equip schoolhouses 
under the approval of the County Board of Education. They 



Local Tax Law. 67 

shall have the right to fix the rate of tuition for non-resident 
pupils, and to fix the salaries of the teachers. They shall 
receive from the Count}' Board of Education the share of 
public school funds apportioned to the district by the County 
Board of Education. They shall determine the amount 
necessary to be raised by local tax on all the property of the 
district. The Secretary of the Board of Trustees of said 
district, with the aid of the County School Commissioner of 
said county, shall ascertain from the tax returns made to 
the tax receiver and from the returns made to the Comp- 
troller-General, the total value of all of the property in said 
district subject to taxation for county purposes, and a regular 
digest of all such property in said school district, shall be 
made by said secretary in a book furnished by the Board of 
Trustees and kept for that purpose. At or before the time 
of fixing the rate of taxation for said county, the secretary 
of each local Board of Trustees, with the aid of the County 
School Commissioner, shall levy such rate on the property 
thus found as will raise the total amount to be collected ; 
provided, that such rate shall not exceed one-half of one per 
cent. The County School Commissioner of each county, at 
or before the time for fixing the rate of said county by the 
Ordinary thereof, or the County Board of Commissioners, as 
the case may be, shall certify to the said Ordinary, or said 
Board of Commissioners, as the case may be, and to the 
Comptroller-General of the State the rate of taxation fixed 
for each school district in the county, and said taxing author- 
ity of said county shall levy such special tax at the same time 
and in the same manner as is now prescribed for levying 
taxes for county purposes. 

A copy of the special tax digest of said local tax district 
shall be furnished by the secretary of the local board of 
trustees to the tax collector of the county, and it shall be his 
duty to compute and collect said taxes, keeping the same 
separate by school districts from the county and State funds, 
and turn same over to the secretary of such local school 
districts, as well as tax received for said district from rail- 
roads and other corporations that make their returns to the 
Comptoller-General, taking the receipt for the same upon 



68 Compilation of Common School Laws. 

order from the County School Commissioner; and said 
tax-collector shall receive as compensation therefor two and 
one-half per cent, of the amount collected. 

In any case in which it is impossible to determine from 
tax returns made to the tax receiver of the country the value 
of the property of any citizen situated in any school district 
and subject to taxation in said district, the secretary of the 
Board of Trustees shall issue a summons to said taxpayer 
requiring him to make returns within five days to said sec- 
retary of his property situated in said district and subject to 
taxation for school purposes. Should said return be unsatis- 
factory to said secretary, he shall reject the same and submit 
said returns to arbitration as is now provided by law for 
such cases when returns are rejected by tax receivers. 

All property, both real and personal, including franchises 
belonging to railroads, telegraph and telephone companies, 
and to all other corporations which are now required to make 
their returns to the comptroller-General of this State, which 
is in the taxable limit of any school district shall be, and the 
same is, hereby made subject to taxation by said school dis- 
tricts as fully and completely as is the property of other cor- 
porations within such taxable limits. 

It is hereby made the duty of every such corporation in 
this State, in addition to the facts now required to be shown 
in their returns to the Comptroller-General to also show in 
said returns the value of such corporation's property in each 
of said school districts through which it runs. And for the 
purpose of enabling such corporation to show in said returns 
the value of its property in such school districts, it is hereby 
made the duty of the County Superintendent of Schools of 
each county to furnish on or before January 1, 1907, to 
each such corporation, information as to the boundaries of 
each school district in which such corporation may have 
property, such as will enable such corporation to determine 
the amount of its property in such district, and he shall also 
furnish similar information whenever the boundaries of any 
school district may be changed. 

The rolling-stock, franchises and other personal property 
of said corporations shall be distributed to said school dis- 



Local Tax Law. 69 

tricts on the same basis that rolling-stock, franchises and 
other personal property are distributed to counties and 
municipalities under the law ; that is, as the value of the 
property located in the particular district is to the whole 
located property, real and personal of said corporation, such 
shall be the amount of rolling-stock, franchises, and other 
personal property to be distributed for taxing purposes to 
each school district. 

All of the other provisions of the Act of October 16, 1889, 
entitled "An Act to provide a system of taxation of railroad 
property in each of the counties of the State through which 
said railroad runs, and to provide a mode of assessing and 
collecting the same, and for other purposes," in so far as 
they can be applied are hereby made applicable to the as- 
sessment and collection of taxes of all such companies and 
corporations which are now required by law to make their 
returns to the Comptroller-General, by and for school dis- 
tricts in this State upon the property and franchises of such 
companies located in such school districts and upon the roll- 
ing-stock, franchises and other personal -propert}^ distributed 
under the provisions of this Act. 

Secretary and Treasurer of Board of Trustees — statements 
and reports. 

Sec. 6. Be it further enacted. That the board of trustees 
may have the right to pay the secretary and treasurer a com- 
mission on the amount of local tax collected not to exceed 
two and one-half per cent., but there shall be no commission 
allowed on the amount received from the State. They shall 
furnish quarterly to the County Board of Education a state- 
ment showing all receipts, disbursements, and cash on hand. 
They shall also furnish statement showing school population, 
enrollment, average attendance, course of study and other 
data the County Board of Education may require whenever 
called upon to do so. 
General school laws to be observed. 

Sec. 7. Be it further enacted, That while it is the purpose 
and spirit of this Act to encourage individual action and local 
self-help upon the part of the school districts, it is expressly 



70 Compilation of Common School Laws. 

understood that the general school laws of this State as ad- 
ministered by the County Board of Education shall be 
observed. 

Sec. 8. Be it further enacted, That all elections held 
under the .provisions of this Act shall be governed as to regis- 
tration and qualification of voters as the general law gov- 
erning special elections provides. 

Sec. 9. Be it further enacted, That all laws and parts of 
laws in conflict with this Act be, and the same are, hereby 
repealed. 

Approved August 21, 1906. 

Amendments approved August 22, 1907. 

Provisions for voting out the local tax. 

Section 1. Be it enacted by the General Assembly of 

Georgia, That the above recited Act be amended by adding a 

Section appropriately numbered, to-wit: "An election for 

repealing the local tax law provided for in this Act when 

Acts of same has been established for over three years shall be called 

1909, page . -^ . . 

159. as in first instance. And if abolished by vote under similar 

regulations as in first instance, no new election for re-creating 
same shall be called within one year. If not abolished by 
.vote, no election for the same purpose shall be called within 
one year. 

Sec, 2. Be it further enacted. That all conflicting laws 
are hereby repealed. 

Approved August 14, 1909. 



Child Labor Law and State Reformatory. 71 



PART XIIL 



CHILD LABOR LAW, AND STATE REFORMATORY. 



No child under ten years old to work in a factory. 

Section 1. Be it enacted by the General Assembly of 
Georgia, and it is hereby enacted by authority of the same, 
That from and after the approval of this Act, no child under 
ten years of age shall be employed or allowed to labor in 
or about any factory or manufacturing establishment within 
this State under any circumstances. 

Certificate of Ordinary for any child under twelve. 

Sec. 2. Be it further enacted by the authority aforesaid. 
That on and after January 1st, 1907, no child under twelve' 
years of age shall be so employed or allowed to labor, unless 
such a child be an orphan, and has no other means of support, 
or unless a widowed mother or an aged old disabled father 
is dependent upon the labor of such child, in which event, 
before putting such child at such labor, such father shall 
produce and file in the office of such factory or manufactur- 
ing establishment, a certificate from the Ordinary of the 
county in which such factory or establishment is located, 
certifying under his seal of office to the facts required to 
be shown as herein prescribed ; provided, that no Ordinary 
shall issue any such certificate except upon strict proof in 
writing and under oath, clearly showing the necessary facts ; 
and providing further, that no such certificate shall be 
granted for longer than one year, nor accepted by any em- 
ployer after one year from the date of such certificate. 

No child under fourteen to work at night. 

Sec. 3. Be it further enacted by the authority aforesaid. 
That on and after January 1, 1908, no child under fourteen 
years of age shall be employed or allowed to labor in or about 
any factory or manufacturing establishment within this 
State between the hours of seven p. m. and six a. m. 



72 Compilation oif Common School Laws. 

Children under fourteen must attend school twelve weeks 
each year. 

Sec. 4. Be it further enacted by the authority aforesaid, 
That on and after January 1st, 1908, no child, except as 
heretofore provided, under fourteen years of age, shall be 
employed or allowed to labor in or about any factory or 
manufacturing establishment within this State unless he 
or she can write his or her name and simple sentences, and 
shall have attended school for twelve weeks of the preceding 
year, six weeks of which school attendance shall be consecu- 
tive ; and no such child as aforesaid, between the ages of 
fourteen and eighteen years, shall be so employed unless such 
child shall have attended school for twelve weeks of the 
preceding year, six weeks of which school attendance shall 
be consecutive ; and at the end of each year, until such child 
shall have passed the public school age, an affidavit certify- 
ing to such attendance as is required by this Section, shall 
be furnished to the employer by the .parent or guardian or 
person sustaining parental relation to such child. The pro- 
visions of this Section shall apply only to children entering 
such employment at the age of fourteen years or less. 

Unlawful to employ children before affidavit is filed. 

Sec 5. Be it further enacted by the authority aforesaid, 
That it shall be unlawful for any owner, superintendent, 
agent or any other person acting for or in behalf of any 
factory or manufacturing establishment to hire or employ 
any child unless there is first provided and placed on file in 
the office of such employer an affidavit signed by the parent, 
guardian or person standing in .parental relation thereto, cer- 
tifying to the age and date of birth of such child, and other 
facts required in this Act. Any person knowingly furnishing 
a false affidavit as to the age, or as to any other facts required 
in this Act, shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be punished as prescribed in 
Section 1039 of the Penale Code of Georgia of 1895. 

Inspection by Grand Jury. 

Sec. 6. Be it further enacted by the authority aforesaid. 



Child Labor Law and State Reformatory. 73 

That the affidavit and certificates required in this Act shall 
be open to inspection by the Grand Juries of any county 
where such factory or manufacturing establishments are 
located. 

Penalty for Violation of this Act. 

Sec. 7. Be it further enacted by the authority aforesaid 
That any person or agent, or representative of any firm or 
corporation who shall violate any provision of this Act shall 
be deemed guilty of a misdemeanor, and on conviction shall 
be punished as prescribed in Section 1039 of the Penal Code 
of Georgia of 1895. Any parent, guardian or other person 
standing in parental relation to a child, who shall hire or 
•place for employment or labor in or about any factory or 
manufacturing establishment within this State, a child in 
violation of any provision .of this Act, shall be deemed guilty 
of a misdemeanor, and on conviction thereof, shall be pun- 
ished as prescribed in Section 1039 of the Penal Code of 
Georgia, 1895. 

Sec. 8. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act be, 
and the same are, hereby repealed. 

Approved August 1st, 1906. 



74 Compilation of Common School Laws. 



PART XIV. 



EXTRACTS FROM DECISIONS AND INSTRUC- 
TIONS OF STATE SCHOOL COMMISSIONERS. 



Note 1. Resignation should be tendered to Governor. 

When a member of a Board, or a County School Com- 
missioner desires to resign, he should tender his resignation 
to the Governor, and not to the Board or Grand Jury. 

— G. J. Orr, Instructions March, iSyd. 

Note 2. Requisites of certificates of election. 

The certificate of the election of members of the County 
Board must have the following requisites : 

1. It must be officially signed by the Clerk of the Superior 
Court, and must be under his seal of office. 

2. It must give the names of the members of the Board 
chosen, and must state whom they succeeded. 

3. It must state how the latter vacated their offices. 

4. It must state the term of court at which the action 
was taken. 

When a vacancy is filled by the Judge of the Superior 
Court, the above rules will apply to the certificates then given, 
except, where, from the nature of the case, they are inap- 
plicable. _ 

— G. J. Orr, Instructions March, 18/6. 

Note 3. The Bible in the public schools. 

The Bible can not be excluded from the public schools 
of the State. 

The .proviso interdicting the exclusion of the Bible from 
the public schools is the law in places where local school laws 
are in operation as well as elsewhere. 

— G. J. Orr, Instructions April, i8/8. 



De;cisions of State; School Commissioner. 75 

Note 4. Disturbing schools. 

Persons who wilfully interrupt or disturb any public 
school, private school or Sunday-school are guilty of a mis- 
demeanor, and, on conviction, are punishable as provided in 
Section 4310 of the Code of 1873. 

{See Code Vol. III. Sec. 42"/.) 

— G. J. Orr, Instructions 1882. 

Note 5. Pupil going from one district school to another. 

The proper rule is that a pupil can go from one public 
school to another only by consent of the Board, or County 
School Commissioner, for a good and sufficient cause, the 
Board of Commissioner being the judge. 

— J. S. Hook, Instructions January 10, I888. 

Note 6. Original jurisdiction in revoking teacher's license. 

"Original jurisdiction in the revoking of a teacher's license 
rests with the County School Commissioner. Appeals on 
such action of the County School Commissioner come only 
before the Covmty Board of Education." 

—S. D. Bradzuell, I8p5. 

Note 7. Final choice of teachers and power to make con- 
tracts is with county board. 

"The law does not compel County Boards of Education to 
confirm the choice of local trustees in selecting teachers even 
when such teachers are regularly and legally appointed. The 
final choice of teachers, and the power to make contracts with 
teachers are vested, under the law, wholly in the County 
Board of Education." 

— G. R. Glenn, November Ij, i8p9. 

Note 8. Teacher's contract is an entire contract. 

"The appeal states that after teaching seventy-seven and 
one-half days, -the said teacher resigned the said school, to 
accept another position, but his resignation was not accepted 
by the County Board ; that previous to his resignation he 
had received payment for fifty-eight days ; that he had taught 
nineteen and one-half days, for which he had received no 



76' Compilation of Common School Laws. 

pay; that the County Board of Education refused to pay 
for teaching the nineteen and one-half days because the con- 
tract is considered by said Board as an entire contract, and 
it was not fulfilled. 

"In this case, the Board of Education, under the circum- 
stances, would not abuse the discretion given it by law, if 
claims to said teacher were approved and paid, but in refus- 
ing to pay the said claim for teaching nineteen and one-half 
days, the Board has not violated the law of contracts. This 
contract is in the nature of an entire contract. 

— W. B. Merritt, April J, 1^04. 

Note 9. Plan for operating schools for five or more con- 
secutive months. 

Generally it is more satisfactory to have the schools taught 
during consecutive months of the fall, winter and spring. 
Some counties have for one year operated their schools for 
three months in the spring, during November and December 
the school term of that year was completed ; beginning in 
January, a session of three or four months of the next year 
immediately followed. This plan has given good results in 
attendance and in the progress of pupils. A very great benefit 
has come to schools of these counties from the fact that this 
arrangement enables County Boards to pay teachers with 
very little delay. It is much easier to secure teachers if they 
are assured that they will be paid promptly, and that they 
will not be compelled to have their salaries discounted. I 
ask the careful consideration of your Board to this plan, which 
is working so satisfactorily in many counties. 

The months in which the schools may be taught during the 
school year, or calendar year, may be selected by the County 
Boards of Education, as they think best, but it will not be law- 
ful for a County Board of Education to approve for payment 
out of the funds appropriated for one year any teaching that 
was done during any days except those included in the calen- 
dar year for which appropriations have been made. To illus- 
trate : the contracts with teachers for the school year of 1905, 
and the claims of teachers based upon this contract, should be 
in consideration of teaching that is done only during the 



Decisions of State School Commissioner. 77 

school year of 1905. — W. B. Merritt, Circular Letter, August 
17, 1904. 

The Right of the County Board of Education to apportion 
State School Funds. 

The question presented is whether or not the County Board 
of Education has the right to apportion the State School 
Funds as in its judgment may appear just and wise, or whether 
the Board is compelled to make this distribution on a strict 
per capita basis to the various districts after deducting admin- 
istrative expenses. The law is silent upon this point. It is 
specific in requiring the distribution of the State School Funds 
to the various counties and independent or town systems upon 
the per capita basis according to the children of school age. 
The very silence of the law with regard to schoool districts 
under the general authority of the County Board of Educa- 
tion, in my opinion, is proof that the Legislature did not intend 
to force the apportionment as in the cases mentioned where it 
is specific. The exact wording, "They (the Trustees) shall 
receive from the County Board of Education the share of 
the public school fund apportioned to the district by the County 
Board of Education," indicates that the right of apportion- 
ment is left to the County Board, it being understood, of 
course, that the funds shall be distributed upon an equitable 
and fair basis. It sometimes happens that a certain school 
by reasons of various cicumstances may require less money 
for maintenance than another. The qualification of the teach- 
er, the grade of license, and various other considerations 
may properly affect the amount of money which the Board 
of Education may deem wise to apportion to any particular 
school. 

In my opinion, therefore, the County Board of Education 
has the right to apportion public school funds, and while 
this Board should be guided in the distribution of the State 
Funds by the general per capita basis of the State, less the 
administrative expenses, this body may fix the apportionment 
for any school or district as the circumstances may require 
and as may be for the best interests of the district and county 
as a whole. 

— M. L. Brittain, April 26, 19 11. 



Compilation of Common School Laws. 
PART XV. 



EXTRACTS FROM DECISIONS OF STATE BOARD 
OF EDUCATION 



Mete 1. Commissions to board members when grand jury 
fails to give terms. 

"When the action of the Grand Jury fails to indicate the 
terms for which two or more members of Boards of Educa- 
tion are chosen and there are terms of different lengths to 
be filled, the member or members first named by the Grand 
Jury shall be commissioned for the longest term or terms." 

November jo, 1888. 

Note 2. When County School Commissioner may contract 
v/ith teachers of local school system. 

"A County School Commissioner has no right to enter into 
a contract with the teachers of a local school system. 

"The Act creating said local school system does not spe- 
cifically state that pupils residing outside the city limits may 
be permitted to attend the schools of such local school system 
and receive the benefits of the State school funds. It must 
therefore, follow that pupils residing without the limits of 
the said city and attending the schools of the said local sys- 
tem can not legally be allowed to participate in the State 
school funds for such attendance. This rule must apply to 
all local school systems except where the Act creating them 
expressly provides that pupils residing outside the city limits 
may be permitted to attend the schools of the local system 
and receive the benefits of the State school fund." — March 8, 
I894. 

Note 3. Use of surplus in hands of. County School Com^- 
m.issioner. 

"Resolved, That the State School Commissioneer is author- 
ized to require County Boards of Education to use the sur- 
plus of schools funds remaining in the hands of the County 



Decisions of State School Commissioner. 79 

School Commissioner in payment of the accounts set out in 
itemized statements rendered." 

April 12, 1894. 

(This surplus is reported in " Certificate as to Balance on 
hand and Balance due" in itemized Statement.) 

Note 4. Common school subjects required. 

"Where a pupil studies five common school subjects, in- 
cluding arithmetic, grammar and history, and shall have 
passed an examination satisfactory to the County Board of 
Education upon the other common school subjects, that pupil 
shall be counted as a common school pupil. At the same 
time the following of the graded course of study for the 
common schools is urged." 

March 2g, i9o5. 

Note 5. A change of district lines makes a new district. 

In confirming an opinion rendered by the State School 
Commissioner in re : the appeal of J. W. Brooks et al. vs. the 
Carroll County Board of Education to the effect that Boards 
of Education have the right to change the lines of a district 
at any time after the expiration of one year from the time 
of their establishment, the State Board of Education added 
the following: 

"The State Board of Education is also of the opinion that 
when the board of education of a county changes the district 
line, a new district is thus created and the question of a local 
tax should be resubmitted to the voters of the district, if the 
local tax is desired." 

March 10, Ipio. 



80 Compilation of Common School Laws. 

PART XVI. 



EXTRACTS FROM OFFICIAL OPINIONS OF 
. ATTORNEYS-GENERAL. 



Note 1. County Board may repudiate contract made by 
fraud. 

I would sa}^ that a Board of Education can certainly repu- 
diate a contract made by fraud. A contract so obtained is not 
binding. — Extract from letter of Attorney-General Wm. A. 
Little, May I4, i892. 

Note 2. Diploma of State Normal School valid in certain 
cases. 

May 9, 1902. 
Hon. G. R. Glenn, State School Commissioner, Atlanta, Ga. 

My Dear Sir: — I sm in receipt of the letter addressed 
to you by Mr. D. O. Vhillips, asking if his diploma, given 
by the Georgia State Normal School, was still valid as a 
license to teach in the schools of this State, he having received 
the same in 1907. 

In my opinion the diploma in question is valid as such a 
license and dispenses with the necessity of an examination 
as now prescribed by the general common school laws of the 
State. The Act of 1899, pages 51 and 52, repealing the law 
making such diploma equal to a license expressly provides : 
"That nothing herein contained shall be construed to in- 
validate any license to teach in the schools of this State now 
held by any person." 

See Acts of 1899, pages 51 and 52. 

Very truly yours, 

BoYKiN Wright, 

Attorney-General. 

Note 3. Limit of time in using school fund. 

"The appropriation which the State makes yearly is, in 
a sense, a contribution by the people of the vState to assist 



Opinions of Attorney-General. 81 

in the education of the children thereof, and a Hmitation of 
time and age is placed on each beneficiary. I recognize that 
it is the policy of the law-makers to clothe the several Boards 
of Education in this State with almost supreme power in 
the administration of the public school fund and to lodge 
with the Board such discretion is wise, but I am persuaded 
that for a Board to exercise the discretion to the extent of 
using money appropriated one year for another, would run 
counter to the legislative scheme and would be an abuse of 
discretion." 

— Extract from letter of Attorney-General John C. Hart, 
. . July 1, 1903. 

Note 4. School population basis for apportionment of school 
funds to local school systems. 

I therefore advise, irrespective of any directions to the 
contrary in the Act creating the local school systems, that 
you adopt the rule of apportionment between the local sys- 
tem and the county, using as a basis "the proportion which 
the school population of the local system bears to the school 
population in the county." To illustrate, where the State 
has set apart $2,000 to a county as its pro rata part of the 
public school fund, and the county has in it school popula- 
tion of 2,000 people, and within the county is a local system 
having a school poulation of 500, the pro rata of money in 
that case due to the local system is the proportion which 500 
bears to 2,000. 
— Extract from letter of Attorney-General John C. Hart, 

August 26, 19 03. 

Note 5, Marriage does not incapacitate women to teach in 
public schols of Georgia. 

"I do not think that the Board of Education is justified in 
laying down the arbitrary rule that marriage incapacitates 
a woman to teach school." 

"A rule, therefore, adopted by a Board of Education, which 
fiixes the penalty of ineligibility to teach as a consequence 
of marriage, is arbitrary, unjust and unreasonable. The 
Board may not have transcended the strict letter of the law 
in adopting the rule in question, but it occurs to me it is 



82 Compilation oic Common School Laws. 

violative of 'public policy.' All women, whether married or 
single, should be given equal opportunities in the pursuit of 
wealth and happiness." 

— Extract from letter of Attorney-General John C. Hart, 
January i5, I904. 

Note 6. Agriculture to be taught in all common or public 
schools of the State. 

'The Act requires that the elementary principles of agri- 
culture shall be taught as thoroughly and in the same manner 
as other like required branches are studied and taught in the 
schools." ** * # « * ** 

"It is my opinion that the Act referred to clearly requires 
that the elementary principles of agriculture shall be taught 
in all the common or public schools in the State of Georgia, 
whether under your supervision or not, where the same re- 
ceive aid from the State." 
— Bxtract from letter of Attorney-General John C JIart, 

August 17, 1904. 

Note 7. Relief of surety on county school commissioner's 
bond. 

The application of the surety desiring to be relieved on 
the County School Commissioner's bond should be addressed 
to the Governor, stating the reasons why he should be relieved 
and should be sworn to. If the Governor deems the reasons 
for the relief of the surety sufficient he may order the surety 
relieved upon the condition that the principal re-executes a 
valid bond satisfactory to the County Board of Education. 
— Extract from letter of Attorney-General John C. Hart, 

September 14, ipo5. ' 

Note 8. School officials can not discount claims of teachers. 

"In reply to your inquiry this day submitted, viz., whether 
a county school commissioner or members of the Boards of 
Education of this State may buy up at a discount, or in any 
manner speculate, in what are known as county orders or 
"scrip," or contracts which are to be paid out of the public 
funds of this State ; I beg leave to say I think such officers 



Opinions of Attorney-General. 83 

are public officers in the sense that it is made a misdemeanor 
for them to purchase such order, scrip or contract, as pre^ 
vided by Section 277 of the Penal Code." 
— Extract from letter of Attorney-General John C. Hart 
November, ipo5. 

Note 9. Opinion of Attorney-General on Railroad Taxes in 
school districts. 

''Hon. William A. Wright, Comptroller-General, Atlanta. Ga. 

"Dear Sir : I am in receipt of your enquiry of even date 
wherein you raise the question whether corporations that 
have made returns for their property for taxation to your 
office iray be required, under the Act approved August 21, 
1906, known as 'An Act to provide for the creation of local 
tax district schools,' to incorporate in their return such of 
their property as may be within the boundaries of local school 
districts. 

"The purposes of this amendment is to cure a defect in 
the Act approved August 23, 1905, relative to the taxation 
of railroad property, which Act was declared by our Supreme 
Court in the case of Brown et al. v. the Southern Railway 
Company, as unconstitutional, in that it was antagonistic to 
Article 7, Section 1, paragraph 1 of the Constitution, for 
the reason that the ad valorem tax there imposed was upon 
the property only of taxpayers who were required by law to 
make return of their property to the county tax receiver, and 
omitted to tax the property of another class of taxpayers, 
such as railroads, who are required to make returns to the 
Com.ptroller-General. (See Brown ct al. v. Southern Rail- 
way Company, March term, 1906.) 

"The object of the amendment under investigation was to 
cure this defect and make specifically subject to taxation all 
property lying within the boundaries of the school district 
and to provide machinery for the collection of the tax. The 
following language is found in Section 5 of this amendment, 
as follows : "It is hereby made the duty of every such cor- 
poration in this State, in addition to the facts now required to 
be shown in their returns to the Comptroller-General, to also 
show in said returns the value of such corporation's property 



84 Compilation oi^ Common School Laws. 

in each of said school districts through which it runs, and 
for the purpose of enabHng such corporation to show in said 
returns the value of its property in such school districts, it 
is hereby made the duty of the county superintendent of 
schools in each county to furnish, on or before January 1, 
1907, to each of such corporations, information as to the 
boundaries of each school district in which such corporation 
may have property, such as will enable such corporation to 
determine the amount of its property in such district, and 
he shall also furnish similar information whenever the boun- 
daries of any school district may be changed.' 

"This language leaves no room for construction. The Act 
was -passed and approved August 21, 1906, after the date . 
required by law for the return of railroad property. In the 
absence of explicit language, a tax imposed is never to be 
retrospective in its application. The courts always construe 
statutes as prospective and not retrospective, unless con- 
strained to the contrary course by the rigor of the phrase- 
ology. (First Cooley on Taxation, 494-495.) There is no 
language in this Act which would admit of the construction 
that the Legislature intended that it should apply where 
returns had already been made, but on the contrary, there 
is this express provision, that this detailed information was 
to be givei; 'on or before January 1, 1907.' It was, of course, 
impossible for the railroads to have anticipated the action 
of the Legislature in making their returns, and having made 
their returns in conformity with existing laws, and you, as 
Comptroller-General having accepted those returns, yourself 
not being able to anticipate the action of the Legislature, and 
the returns having been thus made and thus accepted as 
satisfactory to you, the transaction is closed. The law, how- 
ever, by its terms, applies to future returns and not to past 
returns. It is prospective and not retrospective. It is the 
settled .policy of the Legislature to pass its tax Acts at least 
a year preceding the year for which the tax was collectable. 
This has been the uniform practice and there is nothing in 
this Act which would authorize a departure from this prac- 
tice, but on the contrary, an express provision that the mode 



Opinions of Attorney-General. 85 

of procedure was to become operative *on or before January 
1, 1907.' 

"I am therefore of the opinion the late amendment pro- 
viding for the collection of taxes out of corporations who 
make their returns to your office for taxation, so far as 'dis- 
trict school' taxes go, is not operative until January, 1907, 
but where counties as such have adopted local taxation for 
public schools, the law is as to such counties- now operative, 
and such corporations are liable to the present year for the 
tax by virtue of the original Act independently of the late 
amendment ; the original Act and the general law of force 
affording all the necessary machinery for the assessment, 
levy and collection of the tax. 

"Yours very truly, 

"John C. Hart, Attorney-General.'' 

September, 1906. 

Note 10. Managers of local tax elections to be paid out of 
school fund for that district. 

"I am not advised of any law in express terms authorizing 
the payment of managers for holding elections by county 
boards of education. The law provides for holding the elec- 
tions. It is hardly conceivable that managers should hold 
elections without compensation. I have advised that when 
an election is held for local taxation that it would be proper 
under the general powers conferred upon boards of education 
to advance the cause of education to provide for the payment 
of managers of a local election out of the funds apportioned 
to that district. Unless the power which I have referred to 
is not sufficiently broad to authorize the .payment of man- 
agers, then, as stated, I know of no other source from which 
they could be paid. 

"I think therefore that it is proper for the managers to 
be paid out of the funds apportioned to that ditsrict holding 
the election." 
— Extract from a letter of Attorney-General Hart, June, i9o8. 

Note 11. Persons over eighteen years of age allowed in 
schools upon payment of tuition. 

"Under the law, as I interpret it, the right to attend the 



S6 Compilation of Common School Laws. 

common schools of this State without the payment of tuition 
is restricted to boys and girls between the ages of six and 
eighteen, but I do not understand that the schools are closed 
to persons over eighteen who are willing to pay tuition. I 
read nothing in the law which denies to persons who have 
attained the age of eighteen from attending the common 
schools, and do not understand that it is the policy of the 
law to render ineligible to the common schools of this State 
persons of that age. The policy of the law is to encourage 
people to attend school, and while it forbids the charge for 
tuition for persons between the ages of six and eighteen, it 
has not closed the school-house door to persons over that age 
who are willing to pay reasonable tuition." 
— Extract from a letter of Attorney-General Hart, July, i9o8. 

Note 12. Elections for local tax by counties or by districts 
can not be repeated oftener than every twelve months, 
but a district election may be held sooner when the 
county election failed. 

"The McMichael Act by Section 3 thereof providing for 
an election at the instance of the county for the purpose of 
supplementing the public school fund by levying a tax upon 
the property of the county provides 'an election for the same 
purpose shall not be held oftener than twelve months.' That 
is to say if the county voting as such fails to adopt county 
taxation that no election should be held for that purpose until 
after the expiration of twelve months. The McMichael Act 
by Section 4, providing for a local tax, that is to say a district 
tax, to supplement the funds received from the State for 
educational purposes, provides 'an election for the same pur- 
pose shall not be held oftener than every twelve months.' 
That is to say, if the district votes against the adoption of a 
local tax no other election can be held by it as a district until 
the expiration of twelve months. 

"There is, however, in the Act no inhibition where a county 
as such votes for local tax and fails that a district within 
the county may not vote thereon within twelve months. The 
•policy as expressed in the McMichael Act is to advance the 
cause of education by providing for taxation either by county 



Opinions of Attorney-General. 87 

or by district and the Act should be construed in the light of 
its clearly defined purpose. I am therefore of the opinion 
that notwithstanding a county having voted against county 
taxation that a district desiring to vote thereon need not 
wait twelve months before submiting the question of a local 
tax to the voters of the local district.'' ■ 

— Extract from a letter of Attorney-General Hart, Septem- 
ber, 1 9 08. 

Note 13. Boundary of local tax district may be changed by 
Board of Education after the tax has been voted, but 
to do so destroys the existing local tax. 

"I am in receipt of your letter of the 11th inst., containing 
a request that I answer officially the inquiry : 'May the 
Board of Education of a county change the boundary of a 
local school district by enlarging the local tax district so as 
to make subject to the local tax the territory added without 
the citizens thereof voting for the tax? 

"I do not think the Board of Education has the authority 
to do thi':. Unquestionably the Board of Education may 
change the boundary of school districts, either for the purpose 
of enlarging or decreasing the territory, but when this is 
done the question of local tax for school purposes must be 
resubmitted to the citizens of the district. 

"The purpose of the McMc'^hael Act, under which these 
districts are laid out is to allow counties or local districts 
to advance the cause of education by the levy of a county or 
local tax to supplement the money received from the State 
in aid of public schools. The right to levy this additional 
tax is left to the citizens of the county or district to be settled 
by vote. In other words the burden of additional taxation to 
support the schools is left to the people of the locality who 
are to bear the tax. The Act must be construed in the light 
of its purpose and the machinery provided for its accom- 
plishment. The Act authorizes a county as such to vote, 
a municipality or a rural community to adopt its provisions, 
but only by a vote of the people. In no other way could a 
local tax be imposed. This is obliged to be the law, or else, 
if it be conceded that new territory could be added to a 



88 Compilation of Common School Laws. 

district which voted for a local tax, then it would be possible 
for a single district in a county which had voted for the 
local tax, to absorb a county by merely enlarging the boun- 
dary of a local school district. The local tax could thus be 
imposed, not by vote of the people, but merely by the Board 
of Education changing the district line. 

"Again, if the Board of Education may change the line 
by enlarging the territory, under the same principle they 
could by changing the line decrease the territory and thus 
put the burden of taxation upon a limited few. 

"Again, if the Board of Education is authorized to change 
the boundary of a local district so as to add to it new terri- 
tary where a local tax does not prevail, it may likewise change 
the district so as to add territory from a local district to one 
not levying a tax and thus defeat the wish of the people to 
bear a tax for this purpose. 

"The position of the voter at the time he votes is, with 
the lines as thus laid out, he is in favor of a local tax and 
so votes ; and, therefore, for a Board of Education to change 
the line thereafter, either by enlarging or diminishing the 
territory, should not bind the voter because different condi- 
tions would prevail by reason of any change than those exist- 
ing at the time of his ballot. This would not be local option — 
a tax self-imposed by the voter — but might become a tax in 
spite of this objection. This would be neither within the 
letter nor the spirit of the McMichael Act. 

"I am of the opinion, therefore, that where a district has 
voted for a local tax, the Board of Education of a county 
has no authority to materially change the boundary and 
continue the tax without first submitting the question to the 
people in the old and the new territory to be. effected by such 
change." 

— Extract from a letter of Attorney-General Hart, January 
l2, ipo9. See also decision of State Board of Educa- 
tion, in appeal from Carroll County, Note 5, page 96. 

Note 14. Persons may not hold but one county office at one 
time but may hold two public offices. 

"Replying to your letter requesting my opinion whether 



Opinions of Attorney-General. 89 

a judge of a city court may also at the same time be a member 
of the county board of education, I beg to advise : 

"He would be eligible. The Section of the Code 224, Vol. 
I, inhibits a person holding at one time more than one county 
office, but there is no express provision of law inhibiting the 
holding of two public offices at one time, assuming that the 
duties are not incompatible. It does not occur to me that 
there could possibly be any conflict in discharging the duties 
of the two offices." 

— Extract from opinion of Attorney-General Hart, March 
16, igio. 

Election Expenses. 

Under the Act of the General Assembly approved Decem- 
ber 17th, 1896 (Acts 1896, p. 40) the expenses of an election 
held in a county to determine whether there shall be local- 
taxation for the support of public schools, as provided for 
under the McMichael Act, should be paid by the county and 
should not be taken from the common school fund of such 
county. 

Attorney-General H. A- Hall, January 4, igli. 



90 Compilation of Common School Laws. * 



PART XVII. 



EXTRACTS FROM DECISIONS OF SUPREME 
COURT. 



Note 1. Bequest for board of education includes clothes. 

A child, to be educated, has to be clothed. And it is a gen- 
eral principle that a grant of the end is a grant of the means. 
According then to this principle, the bequest of an education 
to the children was a bequest to them of their clothes during 
the period of their education. (Georgia Report, Vol. 28, 
page 370.) 

Note 2. Dismissal by local trustees for cruel treatment of 
pupils. 

Where, in 1876, local trustees chosen by the teacher and 
his patrons (conformably to the system established by the 
County Board of Education) dismissed the teacher for cruel 
treatment of pupils, and thereupon the matter was brought 
by the teacher before the Board, who, after hearing evidence 
on both sides, approved the. action of the trustees, and passed 
an order not • revoking his license, but suspending him in- 
definitely as a teacher at that particular place ; the decision 
of the Board was upon a matter of "local controversy in 
reference to the construction or administration of the school 
law," and not being appealed from, was binding upon all 
-parties. 

For teaching done in defiance of such decision, and pend- 
ing a possession of the school-house acquired by force, no 
right whatever accrued to compensation out of the common 
school fund. (Georgia Report, Vol. 61, page 418.) 

Note 3. County school commissioner may be compelled by 
mandamus to audit a claim. 

If this teacher was wrongfully treated by the Commissioner 
in the refusal to audit his account so as to give the Board of 



Decisions of Supreme Court. 91 

Education jurisdiction, his remedy was bv mandamus to 
compel this ministerial officer to do his duty, if it was his 
duty, to audit it. (Georgia Report, Vol. 67, page 481.) 

Note 4. Power to build school houses. 

Unless there is something in the charter of a municipal 
corporation which forbids the building of school-houses, the 
city may do so. This is within the scope of the general 
powers of the municipal corporation, and is not prohibited 
by the Constitution of 1877. (Georgia Report, Vol. 73, page 
686.) 

Note 5. Right of certain public officers to make defense. 

"That a public officer who has under the law a fixed term 
of office, and who is removable only for definite and specific 
cases can not be removed without notice and a hearing on 
the charge or charges preferred against him, with an oppor- 
tunity to make defense." (Georgia Report, Vol. 103, page 
458.)' 

Note 6. Methods of procedure when two persons claim 
same office. 

The Supreme Court has decided that whenever two persons 
are claiming the same office as member of the County Board 
of Education, and both persons hold commissions, "Such 
commissions would not be conclusive, but only prima facie 
evidence of their right to hold office. The officers sought to 
be removed * * * * could compel those presenting the 
new commissions to institute proper proceedings to test their 
legal right to the office. Moreover, the writ of injunction 
does not in such cases, lie against an executive officer of the 
State." (Georgia Report, Vol. 103, page 462.) 

Note 7. Discretion in continuing or discontinuing schools. 

The County Board of Education of Richmond county has 
the discretionary power, under the law, of establishing or 
discontinuing high schools at such points in the county as 
the interest and convenience of the people may require. 

Under the facts of this case, there was no abu'se of such 
discretion bv the Countv Board in discontinuing the high 



93 Compilation of Common School Laws. 

school established for the colored race, although it left in 
operation a similar school for white females and contributed 
to the support of the high school for white boys and girls, 
which, however, it had not established. (Georgia Report, Vol. 
103, page 641.) 

Note 8. Refusal to comply with regulations. 

The authorities of a public school have full power to make 
it a 'part of the school course to write compositions, and 
enter into debates, and to prescribe that all pupils shall par- 
ticipate therein. 

Whether a particular subject given by such authorities 
for composition or debate is suited to the age and advance- 
ment of the pupil, is a question for determination by such 
authorities, and not by the courts. 

Where a pupil has been instructed to prepare a paper on 
such a subject does not do so, or reads a paper prepared b}' 
her father, and containing expressions which are improper 
and disrespectful to the teacher, the offense is two-fold ; and 
although the school authorities may excuse and condone the 
preparation by the father of the paper actually read, and 
also its reading by the pupil, the latter may still be punished 
for her failure to herself prepare in compliance with instruc- 
tions. If the punishment imposed be the preparation of a 
paper on the same subject, at a later date, and the pupil 
refuse to prepare it, such pupil may be disciplined by ex- 
pulsion, or suspension, or other proper punishment. (Geor- 
gia Report, Vol III, page 801.) 



To Enable Boards to Borrow Mone;y. 93 



PART XVIII. 



1910 SCHOOL LEGISLATION. 



TO ENABLE COUNTY BOARDS OF EDUCATION TO 
BORROW MONEY. 



Section 1. Be it enacted b}^ the General Assembly of 
Georgia and it is hereby enacted by the authority of the 
same, That from and after the passage of this Act, the 
County Boards of Education of the several counties of this 
State shall have the power and authority whenever they 
deem it necessary, to borrow a sufficient amount of money, 
and no more, to pay the salaries of the teachers in the pub- 
lic schools of their counties ; provided, hozvevcr, That no 
Board of Education shall have the right to borrow money 
to pay the salaries of the public school teachers of said 
count}^, for any time except the current school year in 
which it is so borrowed. Provided, That no Board of Edu- 
cation shall have authority under this Act to borrow a sum 
of money greater in the aggregate than the sum to which 
the county may be entitled from the public school fund. 

Sec. 2. Be it further enacted that in order for any Board 
of Education to borrow money for the purpose hereinbefore 
stated there shall be passed by said Board a resolution author- 
izing said money to be borrowed in which resolution it shall 
be stated the amount of money to be borrowed, the length 
of time the same is to be used, the rate of interest to be paid 
and for what purpose borrowed and from whom the same 
is to be borrowed, which resolution shall be by the County 
School Commissioner recorded on the minutes of the meetings 
of said Board of Education. 

Sec. 3. Be it further enacted, That no money shall be 
borrowed for any longer time than is necessary and the same 
shall be .paid back out of any funds coming into the hands 



94 CoMriLATiON OF Common School Laws. 

of the County School Commissioner that can be legally ap- 
plied to the payment of the same. 

Sec. 4. Be it further enacted, That said Board of Edu- 
cation so borrowing money shall borrow the same at as low 
a rate of interest as possible and they are authorized to pay 
the. interest on said money out of the public school fund for 
said county. 

Sec. 5. Be it further enacted, That at the spring term 
of the Superior Court of each county in this State where 
money has been borrowed by the Board of Education under 
the provisions of this Act, the County School Commissioner, 
shall include in his report to the grand jury the amount of 
money so borrowed during the preceding year, from whom 
borrowed, the rate of interest paid, the date or dates the 
same was borrowed and when paid back. 

Sec. 6. Be it further enacted. That after the resolution 
aforesaid has been passed by any Board of Education the 
President of the Board of Education together with the 
County School Commissioner shall have the right to exe- 
cute a note or notes in the name of the Board of Educa- 
tion of said county for any money that is authorized to be 
borrowed, under the resolution passed by said Board of 
Education. 

Sec. 7. Be it further enacted. That when any money 
shall be borrowed under the provisions of this Act the same 
shall be paid over to the County School Commissioner and 
become a part of the public school fund of said county and" 
the same shall be by the County School Commissioner paid 
out to the teachers of said county and the County School 
Commissioner shall be responsible for any money borrowed 
under authority of this Act and paid into his hands in the 
same way and to the same extent that he is responsible for 
any other public school funds coming into his hands. 

Sec. 8. Be it further enacted. That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved July 15, 1910. 



Local Tax Election, 95 

TO ALLOW MUNICIPALITIES TO HOLD LOCAL 
TAX ELECTION. 



Section 1. Be it enacted by the General Assembly of 
Georgia, That any municipality authorized by law to estab- 
lish and maintain a system of public schools by local taxa- 
tion, in whole or in part, and which is not now specifically 
authorized to hold an election on the question of local tax- 
ation for school purposes shall have the right to submit 
the question of local tax for public schools to the qualified 
voters of the municipality. 

Sec. 2. Be it further enacted. That upon petition of 
one-fourth of the qualified voters of such municipality, the 
municipal authorities shall order an election to be held not 
earlier than twenty days and not later than forty days after 
receiving such petition. Notice of such election shall be 
published in a newspaper in the municipality at least once 
a week for two weeks before the election, or, if there be no 
such newspaper, then notice of such election shall be posted 
in at least three conspicuous places within the municipality 
ten days prior to the election. 

Sec. 3. Be it further enacted, That those favoring local 
taxation for public schools shall have written or printed on 
their ballots "For local taxation for public schools," and 
those opposed shall have written or printed on their ballots 
"Against local taxation for public schools." 

Sec. 4. Be it further enacted, That the returns of such 
election shall be made, and the result declared, as prescribed 
for other elections in and for the municipality. Two-thirds 
of those voting shall be necessary to carry the elections for 
local taxation. An election for the purpose herein named 
shall not be held oftener than once every twelve months. 

Sec. 5. Be it further enacted. That all laws in conflict 
with this Act are hereby repealed. 

Approved August 13, 1910. 



96 Compilation oie Common School Laws. 

TO ENABLE COUNTY BOARDS OF EDUCATION TO 

FILL UNEXPIRED TERMS OF COUNTY 

SCHOOL COMMISSIONER. 



Section 1. Be it enacted by the General Assembly of 
the State of Georgia, and it is hereby enacted by authority 
of the same, that Section 4 of said Act be amended by strik- 
ing from Section 4 all the words thereof after the word 
"term" in the seventh line and substituting the words "and 
in such case the provisions of Section 2 hereof shall not 
apply, so that said Section as amended will read as follows : 
Section 4. Be it further enacted by the authority aforesaid, 
That in case of a vacancy caused by death, resignation, re- 
moval from office or from any cause whatsover in the office 
of County School Commissioner in any county of this State, 
the County Board of Education shall elect a County School 
Commissioner for the unexpired term, and in such case the 
provisions of Section 2 hereof shall not apply." 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 15, 1910. 



Person's High School Tax Amendment. 97 

PERSONS' CONSTITUTIONAL AMENDMENT TO 
ALLOW TAX FOR HIGH SCHOOLS. 



Section 1. Be it enacted by the General Assembly of 
Georgia and it is hereby enacted by authority of the same, 
That Paragraph 2 of Section 6, Article 7 of the Constitu- 
tion of this State be, and the same is hereby amended by 
striking from said Paragraph 2, Section 6, Article 7, the 
following words "in instructing children in the elementary 
branches of an English education only." So that when said 
Paragraph is amended it will read as follows : "The General 
Assembly shall not have power to delegate to any county the 
right to levy a tax for any purpose, except for educational 
purposes, to build and repair the public buildings and 
bridges ; to maintain and support prisoners ; to pay jurors 
and coroners, and for litigation, quarantine, roads and ex- 
penses of court ; to support paupers and pay debts hereto- 
fore existing." 

Sec. 2. Be it further enacted, that whenever the above 
proposed amendment to the Constitution shall be agreed to 
by two-thirds of the members elected to each of the two 
Houses of the General Assembly and the same has been 
entered on their Journals with the ayes and nays taken 
thereon, the Governor shall cause said amendment to be pub- 
lished in at least two newspapers in each Congressional Dis- 
trict in this State for the period of two months next pre- 
ceding the time of holding the next general election. 

Sec. 3. Be it further enacted. That the above proposed 
amendment shall be submitted for ratification or rejection 
to the electors of this State at the next general election to 
be held after publication, as provided in the second Section 
of this Act in the several election districts of this State, at 
which election every person shall be qualified to vote who 
is entitled to vote for members of the General Assembly. 
.All persons voting at said election in favor of adopting the 
proposed amendment to the Constitution shall have written 
or printed on their ballots the words : "For amendment 



98 Compilation of Common School Laws. 

of Paragraph 2, Section 6, Article 7, permitting counties 
to levy taxes for educational purposes," and all persons 
opposed to the adoption of said amendment shall have writ- 
ten or printed on their ballots the words "Opposed to amend- 
ment of Paragraph 2, Section 6, Article 7, permitting coun- 
ties to levy taxes for educational purposes." 

Sec. 4. Be it enacted, That the Governor be and he is 
hereby authorized and directed to provide for the submis- 
sion of the amendment proposed in this Act to a vote of 
the people, as required by the Constitution of this State in 
Paragraph 1 of Section 1 of Atticle 13, and if ratified the 
Governor shall, when he ascertains such ratification from 
the Secretary of State to whom the returns shall be referred, 
in the manner as in cases of elections of members of the 
General Assembly, to count and ascertain the result, issue 
his proclamation for one insertion in one of the daily papers 
in this State, announcing such results and declaring the 
amendment ratified. 

Sec. 5. Be it further enacted. That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 4, 1910. 



Tax Districts Across County Lines. 99 

TO ALLOW LOCAL TAX DISTRICTS LAID OFF 
ACROSS COUNTY LINES. 



Section 1. Be it enacted by the General Assembly of 
the State of Georgia, and it is hereby enacted by the author- 
ity of the same, That the Act approved August 21, 1906, 
entitled, "An Act to amend an Act entitled, 'An Act to 
•provide for the creation and operation of local tax district 
schools, and for levying and collection of local tax by dis- 
tricts of counties for educational purposes, for the laying 
off of counties in school districts, and for other purposes," 
approved August 23, 1905, so as to provide for amending 
the caption, to provide a proper enforcement of the bill 
and for the laying ofif of counties into districts of reason- 
able size, for the election of district trustees, whether local 
tax is levied and collected or not, to provide a correct 
method of assessing and collecting the taxes in local dis- 
tricts, and for other purposes," be and the same is hereby 
amended by adding after the word "so" near the middle of 
the 17th line of Section 1, of said Act as amended as it 
ap-pears in the published Acts of 1906, on page 66 of said 
published Acts, the following words, to-wit: "By concurrent 
consent and action, Boards of Education of two or more 
adjoining counties may lay off and define school districts 
without regard to county lines ; provided, That the Board of 
Education of the county in which the school-house is located 
shall have supervision of same ; and provided, That the Ordi- 
nary of the county in which the school-house is located shall 
order the election; and provided. That the tax collector of 
each county from which territory has been cut, shall collect 
the school tax levied by the trustees of the school districts 
thus formed in the territory cut from his county, and shall 
pay the same when collected to the authorized officer of 
said board," so that said Section of said Act shall, when 
amended, read as follows : "Section 1. Be it enacted by 
the General Assembly of Georgia, and it is hereby enacted 
by authority of the same. That within thirty days after the 



100 Compilation of Common School Laws. 

passage of this Act, or as soon thereafter as practicable, it 
shall be the duty of the County Board of Education of each 
county in Georgia, to lay off the county into school dis- 
tricts, the lines of which shall be clearly and positively de- 
fined by boundaries, such as creeks, public roads, land lines, 
district lines or county lines. The school districts thus 
marked out shall contain an area of not less than sixteen 
square miles, and where practicable, shall be so shaped as 
to have the school buildings as near the center as possible, 
and no territory shall be included whose occupants reside 
further than three miles from the school-house without writ- 
ten petition of two-thirds of the qualified voters therein ; 
provided, That the board of education may have the right to 
establish districts with areas less than sixteen square miles 
where there are natural causes or local conditions that make 
it necessary to do so. By concurrent consent and action, 
boards of education of two or more adjoining counties may 
lay off and define school districts without regard to county 
lines ; provided, That the Board of Education of the county 
in which the school-house is located shall have supervision 
of same ; and provided. That the Ordinary of the cOunty in 
which the school-house is located shall order the election; 
and provided, That the tax collector of each county from 
which territory has been cut, shall collect the school tax 
levied by the trustees of the school district thus formed in 
the territory cut from his county, and shall pay the same 
when collected to the authorized officer of said board. The 
natural causes which will permit the creation of smaller dis- 
tricts are mountains, streams over which there are no 
bridges, and dangerous roads. Local conditions which will 
permit the creation of small districts must be determined 
by the Board of Education. "In counties having incor- 
porated towns, now levying a local tax for educational pur- 
poses and operating a public school system under their 
town charter or special Act of the Legislature, the county 
Board of Education, with the consent of the municipal au- 
thorities, may create a school district larger than the incor- 
porated limits of the town by adding adjacent territory not 
already included in the incorporated limits, and the dis- 



Tax Districts Across County Lines. 101 

trict thus marked out shall become a school district upon 
the vote of the people as hereinafter provided, but such 
school district, including incorporated towns, having a popu- 
lation of four thousand or more, shall be and remain under 
the exclusive supervision and direction of the school boards 
of the previously chartered schools in said class of incor- 
porated towns and not under supervision of County Board 
of Education, and the school boards of such chartered schools 
in incorporated towns shall be trustees of said school district 
under this Act ; provided, further, That if there be located 
in such school districts a chartered school controlled by a 
board of stockholders or by directors elected by them, the 
management and control of said chartered school shall re- 
main in them, and they shall have all the rights and privileges 
of this Act to collect local taxes as hereinafter provided in 
this Act, and to receive their share of the State public school 
fund. A map of the county thus laid off, plainly outlining 
the boundaries of the school district with full description 
thereof, shall be filed with the Ordinary within forty days 
after the passage of this Act or as soon thereafter as practi- 
cable, and the boundaries of said school districts shall not be 
altered any oftener than two years. The County Board of 
Education, in laying off the county, shall disregard any school 
districts embracing territory not included in incorporated 
towns heretofore created by special Act of the Legislature. 
The failure of any County Board of Education to comply with 
the requirements of this Section within six months after the 
passage of this bill shall operate to annul their commissions, 
and vacancies thus created shall be filled as the law requires 
such vacancies to be filled." 

Sec. 2. — Be it further enacted by the authority aforesaid. 
That all laws and parts of laws in conflict with this Act be, 
and the same are, hereby repealed. 

Approved August 15, 1910. 



102 Compilation of Common School Laws. 

1911 SCHOOL LEGISLATION. 



AN ACT TO REVISE THE SCHOOL LAWS OF 
GEORGIA. 



Section 1. Be it enacted by the General Assembly of 
the State of Georgia, and it is hereby enacted by the authority 
of the same. That there shall be a State Board of Education 
composed of six members, as follows : The Governor, the 
State Superintendent of Schools, and four other persons, who 
shall be appointed by the Governor of the State, two for two 
years and two for four years, their terms of office thereafter 
to be for four years each, or until their successors are ap- 
pointed and qualified. At least three of said appointees shall 
be men of practical experience in teaching schools and of high 
standing in educational work, having at least three years prac- 
tical experience as a teacher in the schools of Georgia, 
and being thoroughly conversant with the operation of rural 
schools. Should a vacancy occur at any time in said Board 
it shall be filled by the Governor ; provided, That the nomina- 
tion of the Governor for membership on the State Board of 
Education shall be subject to confirmation by the Senate; 
and provided further, That an appointment made when the 
Senate is not in session shall be effective until the Legislature 
convenes and acts on the appointment. No person who is 
now or has been connected with or employed by a school- 
book publishing concern shall be eligible to membership on 
said State Board of Education, and if any person shall be- 
come so connected or employed after becoming a member of 
said Board his place on said Board shall become vacant. 

Sec. 2. The said Board of Education shall take oaths 
of office and enter upon the discharge of their duties imme- 
diately after their appointment. They shall meet in the 
office of the State Superintendent of Schools. The Governor 
shall preside over their body as Chairman of the Board when 
it is practicable for him to be present; but when he can not 
be present, they shall select their Chairman and proceed with 



1911 School Law. 103 

their business whenever a majority of the Board is present. 
The Board shall meet at least quarterly in regular session 
and at any other time when an emergency arises, and they 
shall be called together by the Governor of the State or State 
School Superintendent. The four appointees shall receive 
as compensation for their services $250.00 per annum each, 
which shall be paid out of the State Treasury on the warrant 
of the Governor and be allowed their actual traveling ex- 
penses in going and returning to their homes, upon submit- 
ting a sworn itemized statement, accompanied by proper 
vouchers and not otherwise. The total expenses for the 
four appointees shall not exceed $100. 

Sec. 3. The State Board of Education shall provide rules 
and regulations for the supervision of all schools in the 
State. They shall provide the course of study for all com- 
mon and high schools of the State receiving State aid. They 
shall select and make out a list of text-books to be taught in 
said schools, which can be changed only every five years ; 
unless the peculiar conditions of any county or community 
demand certain changes, in which case, the County Board, 
together with the County Superintendent, shall" make appli- 
cation to the State Board suggesting such changes and give 
their reasons therefor, whereupon if the said Board sees 
proper, their request shall be granted. Provided, This clause 
shall in no way afiect the present State adoption of books. 
This Board of Education shall be the final court of appeal 
to hear and decide all matters which have been appealed from 
the State Superintendent of Schools. They shall determine 
the necessary office force of the State Superintendent of 
Schools, and shall fix the compensation of the same. Not 
however, to exceed $1,800.00 per annum more than at pres- 
ent paid. 

Sec. 4. Each county in the State shall constitute a school 
district and the public school funds shall be apportioned 
among the several districts by the State Board of Education 
as now provided by law. They shall also provide for normal 
instruction of teachers in each of the districts, either by 
institutes or otherwise. They shall have power to compel 
the attendance of teachers upon such normals and institutes, 



104 Compilation of Common School Laws. 

to provide penalties for non-attendance, to provide for the 
examination of the teachers of said State, and to grant 
licenses to thos£ that are qualified w^ho desire a State or 
special license. 

Sec. 5. Be it further enacted, That in the place of the 
State School Commissioner the office of State Superintend- 
ent of Schools is substituted ; provided, That the person now 
holding the office of State School Commissioner shall serve 
as State Superintendent of Schools during the remainder 
of the term for which he was elected, and exercise all of 
the duties now exercised by such official, in addition to pow- 
ers herein granted. The term of office shall be for two 
years and until his successor is elected and qualified. He 
shall be elected as the present State School Commissioner 
is elected and exercises the same powers, except as herein- 
after may be changed or altered. 

Sec. 6. Be it further enacted, That upon entering the 
discharge of his official duties, the State Superintendent of 
Schools shall give bond in the penal sum of Ten Thousand 
($10,000) Dollars to the State of Georgia, with some ap- 
proved surety company which shall be acceptable to the Sec- 
retary of State, conditioned that he will truly account for 
and apply all money or other property which may come into 
his hands in his official capacity for the use and benefit of 
the purpose for which it is intended, and that he will faith- 
fully perform the duties enjoined upon him by law. He 
shall take and subscribe an oath to diligently and faith- 
fully discharge the duties of his office. The bond with cer- 
fied endorsement thereon, shall be filed with the Secretary 
of State, the premium charged for said bond shall be paid 
out of the treasury of the State. 

Sec. 7, In addition to the powers hereinbefore given, 
the said State Superintendent of Schools shall be the Secre- 
tary and Executive Agent of the State Board of Education, 
for which services he shall receive One Thousand ($1,000) 
Dollars. 

Sec. 8. Be it further enacted, That to render a person 
eligible to hold the office of State Superintendent of Schools 
he shall be a man of good moral character, of high educa- 



1911 School Law. 105 

tional standing, have had at least three years' practical expe- 
rience as a teacher, or in lieu thereof shall have a diploma 
from a reputable college or normal school, or shall have had 
five years' experience in the actual supervision of schools, 
and be at least thirty years of age. 

Sec. 9. The State Superintendent of Schools shall carry 
out and enforce all the rules and regulations of the State 
Board of Education and the laws governing the schools of 
the State receiving State aid, he shall from time to time 
make such recommendations to the State Board as may affept 
the welfare and efficiency of the public schools throughout 
the State ; he shall have authority to suspend a County Super- 
intendent of Schools for incompetency, willful neglect of 
duty, misconduct, immoraHty or the commission of crime 
involving moral turpitude ; providing, of course, That all of 
his acts in this matter shall be subject to the approval of the 
State Board of Education and the party so suspended may 
appeal his case to the State Board, whose decision shall be 
final. The State Superintendent of Schools shall have power, 
with the consent and approval of the State Board of Educa- 
tion to appoint three State School Supervisors, whose pro- 
fessional qualifications shall be the same as State Super- 
intendent's who shall act under the direction of the State 
Superintendent of Schools and fill the place of the experts 
provided for in the Acts of 1891, which were amended in 
1892 and 1893. The salaries paid these Supervisors shall 
be fixed by the State Board of Education and shall not exceed 
Two Thousand Dollars each per annum, together with neces- 
sary traveling expenses ; provided, The same shall not exceed 
$2,000 dollars. The Supervisors shall keep itemized state- 
ments of their expenses, which shall be sworn to monthly 
and approved by the State Superintendent of Schools and 
be paid out of the State Treasury. It shall be especially the 
duty of these Supervisors to act as instructors of institutes 
to give State normal instruction and training as the State 
Superintendent may direct in each county ; to grade the 
papers of applicants for professional certificates or State 
licenses and to aid generally in supervising, systematizing 
and improving the schools of the State under the direction 
of the State Superintendent of Schools. 



106 Compilation of Common School Laws. 

Sec. 10. The State Superintendent of Schools with the 
advice and approval of the State Board of Education, shall 
appoint one person who shall be a competent and experienced 
bookkeeper and accountant at a salary of Two Thousand 
Dollars per annum, together with his actual traveling ex- 
penses, whose duty it shall be to thoroughly audit and check 
the books and accounts of County Superintendents and the 
Treasurers of local school systems, of municipal systems, of 
the State University and all its branches, including the Dis- 
trict Agricultural Schools, the State College of Agriculture, 
Technological Schools and all other schools receiving State 
aid and make regular annual reports to the State School 
Superintendent showing the amount received, for what pur- 
poses received, and for what purposes expended. All such 
funds held by officials must be kept in banks separate from 
their individual bank accounts. He shall be allowed his 
traveling expenses from itemized statements sworn to, as the 
Supervisors are allowed theirs in the foregoing section, pro- 
vided the total expenses shall not be more than $1,000 per 
annum. 

Sec. 11. It shall be the duty of the State Superintendent 
of Schools, in addition to the powers already granted, that in 
the event of a misapplication of any of the funds apportioned 
to any of the institutions of learning or schools receiving 
State aid he shall at once proceed to recover the same by the 
institution of proper procedure in the courts of competent 
jurisdiction after demand is made upon the party misapply- 
ing the funds to settle same. Should it become necessary to 
procure additional legal services other than that of the Attor- 
ney-General, the Governor is authorized to procure special or 
local counsel and arrange to pay for the recovery of said 
funds, such fee out of the funds collected as is usual and 
customary in the locality where the suit is instituted. 

Sec. 12. Be it further enacted, That the office of County 
Superintendent of Education shall be substituted for the 
office of County School Commissioner; provided, That the 
persons now holding the office of County School Commis- 
sioner shall continue to serve as County Superintendent of 
Schools during the remainder of the term for which they 



1911 School Law. 107 

were elected respectively. In the regular election for State- 
house officers prior to the expiration of the present term of 
office of the County School Commissioner, there shall be 
elected by the qualified voters of each county in this State 
a County Superintendent of Schools, whose term of office 
shall be for four years ; and every four years thereafter there 
shall be an election for the purpose of filling such office. 
The duties of the County Superintendent of Schools shall be 
the same as those of the County School Commissioner, except 
as hereinafter changed. It shall be his duty to enforce all 
regulations, rules, and instructions of the State Superin- 
tendent of Schools and of the County Board of Education 
according to the laws of the State and the rules and regula- 
tions made by the said State Board of Education that are 
not in conflict with the State laws ; and he shall, together with 
the State Supervisors hereinbefore provided for, superintend 
the county normals and institutes for the teachers of his 
county, and shall visit every school, both white and colored, 
within his school district which receives State aid, at least 
once every sixty (60) days "and familiarize himself with 
the studies taught in said schools, see what advancement is 
being made by the pupils, advise with the teachers and other- 
wise aid and assist in the advancement of education. 

Sec. 13. He shall superintend examinations of all teach- 
ers of his county as provided by law. He shall hereafter 
suspend any teacher under his supervision for a non-per- 
formance of duty, incompetency, immorality or inefficiency, 
and for other good and sufficient cause, from which decision 
the teacher may appeal to the County Board of Education, 
and either being dissatisfied with their decision, they can 
appeal to the State Superintendent or from there to the 
State Board of Education, the decision of which shall be 
final. 

Sec. 14. Before any person shall be qualified or eligible 
to the office of County Superintendent of Schools, he shall 
have had at least three years' practical experience in teaching, 
one year of which shall have been in the schools of Georgia, 
hold a first grade license, or in lieu thereof shall have a 
diploma from a reputable college or normal school, or shall 



108 Compilation of Common School Laws. 

have had five years' experience in the actual supervision of 
schools, or stand an approved examination before the State 
Board as to his qualifications, and be a resident of the county 
in which he offers for election, be a person of good moral 
character, never convicted of any crime involving moral tur- 
pitude. The County Superintendent shall perform all the 
clerical duties which are now required of the County School 
Commissioner. 

Sec. 15. Be it further enacted, that each County School 
Superintendent within the State of Georgia shall receive a 
minimum salary of $450.00 per annum, and an annual allow- 
ance of $150.00 for the purpose of defraying the expenses of 
visiting the schools within his county at least every sixty 
(60) days, or a total of $600.00, which salary shall be paid 
out of the school funds of Georgia monthly ; and in addition 
thereto, the county Board of Education shall allow such 
additional compensation for the services to be rendered as 
may be in their judgment proper and just. 

Sec. 16. Be it further enacted. That the County Board 
of Education shall consist of five (5) members as now pro- 
vided by law and selected by the grand jury as now pro- 
vided by law, except that the grand jury in selecting such 
members shall not select one of their own number then in 
session, nor shall they select any two of those selected from 
the same militia district or locality, nor shall they select 
any person who resides within the limits of a local school 
system operated independent of the County Board of Edu- 
cation, but shall apportion members of the Board as far as 
practicable over the county ; they shall select men of good 
moral character, who shall have at least a fair knowledge of 
the elementary branches of an English education and be 
favorable to the common school system. 

Sec. 17. Be it further enacted. That the County Board 
of Education shall have and exercise all the powers that are 
now exercised by the County Board of Education except as 
may be herein changed ; provided, 'That the County Superin- 
tendent of Schools and County Board of Education shall make 
rules to govern the county schools of their respective counties ; 
upon being called together by some one of their number after 



1911 School Law. .109 

their selection, they shall organize by selecting a chairman. 
The County Superintendent shall act as Secretary of the 
Board, and keep the minutes of their meetings and make a 
permanent record of the same and do any other clerical work 
that they may direct him to do. Said board may suspend 
the County Superintendent same as State Superintendent, 
and may suspend teachers same as County Superintendent. 
In each case there may be an appeal to State Board. 

Sec. 18. Be it further enacted. That after the passage 
of this Act, the Board of Education of any county shall have 
the right if, in their opinion, the welfare of the schools of 
the county and the best interests of the pupils require, to 
consolidate two or more schools located in the same or differ- 
ent districts into one school, to be located by said Board at 
a place convenient to the pupils attending the same, said 
school-house to be located as near the center of the district or 
districts involved as practicable. Whenever two or more 
schools are consolidated as hereinafter provided, the County 
Superintendent shall call an election of trustees for said con- 
solidated schools from the district or districts concerned ; 
said election shall be held in accordance with the provisions 
of existing law, and the result determined and declared by 
the Board of Education. The County Board of Education 
shall have the further power, when the best interests of 
schools demand, to separate or divide any school district into 
two or more school districts and to provide for the election 
of a Board of Trustees for each of said districts, and to do 
all other things for the government and control of said dis- 
tricts as is herein provided for the organization and control 
of school districts. Provided, That such County Boards of 
Education shall have authority to establish two schools in 
any school district in this State if they deem it best to do so. 

Sec. 19. Be it further enacted, That whenever in the 
opinion of the County Board of Education, the best interests 
of the school demand, the Board of Education shall have 
the right to consolidate two or more districts or parts of 
districts or to add any part of one district to any other dis- 
trict or to change the line or lines of any district at any time, 
when, in their judgment, the best interests of the schools 
require such change, into one school district with the purpose 



110. Compilation oif Common School Laws. 

of the election of the Board of Trustees and of the location 
of the school at some central place as hereinbefore provided; 
but should as many as ten of the patrons of the said school 
or schools object to the consolidation, it shall be the duty 
of the County Superintendent to call an election to be held 
in said district or districts afif acted, giving thirty (30) days 
notice of same by publishing the same once a week for four 
weeks in the paper in which County advertisements are pub- 
lished, and also by posting notice at three or more public 
places in the district, or districts to be affected thereby, at 
which election should a majority of the qualified voters vote 
for consolidation, the schools shall be consolidated; otherwise, 
not. The result of such election shall be determined and 
declared by the Board of Education and the same shall be 
held as other elections are held. 

Sec. 20. Be it further enacted, That whenever the 
County Board of Education deems it for the best interest 
of a school, it shall have the right to provide means for the 
transportation of the pupils to and from said school ; /pro- 
vided, That no school is established in three miles of the 
pupils to be transported; provided, further, That this shall 
only apply to school or schools where two or more districts 
have been combined or consolidated and such other schools 
that are now furnishing transportation. No school trustee, 
teacher, or superintendent of county schools shall be in- 
terested financially in the transportation of pupils. 

Sec. 21. Be it further enacted. That it is not the inten- 
tion of this Act to repeal or interfere with the laws which 
have been enacted establishing local tax district schools, 
municipal schools, or other schools already established by 
law, except that no person shall be allowed to teach in any 
school in the State of Georgia receiving State aid without 
first standing an examination and procuring a license as 
provided by the State Board of Education and State Super- 
intended; provided, They are hereby authorized and directed 
to prescribe and require a different examination of teachers 
who are engaged in teaching primary grades only, from that 
required of teachers of higher grades ; provided, nevertheless, 
That the State Board of Education may, when the authorities 



1911 School Law. Ill 

in charge of any local municipal schools are maintaining a 
sufficiently high standard of examinations for its teachers, 
delegate to the authorities of these systems the right to license 
teachers to teach in their respective systems, upon examina- 
tions to be -provided by such local authorities, reserving, 
however, to the State Board of Education the right to revoke 
this delegation of authority as to any local system whenever 
it appears that the authorities of that system have relaxed 
the standard or failed to give examination. Nothing herein 
contained shall be construed as affecting the right of the 
authorities of local municipal systems to prescribe the courses 
of study therein, or select text-books, in those schools where 
they are now allowed to do so by law. 

Sec. 22. Be it further enacted, That none of the pro- 
visions of this bill shall apply to local county school systems 
which were in existence at the time of the adoption of the 
Constitution of 1877. Nor shall any of the provisions of 
this act apply to the school system of any municipality having 
a population of one hundred thousand people or more. 

Sec. 23. Be it further enacted. That no member of the 
State Board of Education or any appointees of said Board 
or any other person or persons that has the authority of 
selecting or in any way aiding in the selection of school books 
for the schools of Georgia shall not for themselves or any 
member of their respective families receive any gifts, com- 
pensation or remuneration of any kind from any school- 
book publishing house, corporations, individuals, or the 
agents or representatives of either, nor shall any person, pub- 
lishing house or corporation engaged in publishing or the 
sale of school books offer to any of said board or their families 
or appointees any gift, compensation or renumeration, directly 
or indirectly. Any person violating the provisions of this sec- 
tion shall be guilty and punishable for a misdemeanor. Should 
any of the aforementioned publishing houses, corporations 
or persons engaged in publishing or selling school books offer 
to any of the aforementioned oft'icers, their families or ap- 
pointees any such compensation, remuneration or reward of 
any kind, it shall be their duty to report the same to the 
grand juries of their res-pective counties, and on failure or 



112 /Compilation of Common School Laws. 

refusal to do so, they or either of them so failing or refusing 
shaJI be guilty and punishable for a misdemeanor, and such 
officers on conviction thereof shall be removed from office. 

Sec. 24. All laws and parts of laws in conflict with this 
Act be, and the same are, hereby repealed. 

AN ACT 

To provide for special examination of applicant for the office 

of county School Commissioner in certain cases and to 

provide for the expense thereby incurred, and for other 

purposes. 

Section 1. Be if further enacted by the General Assem- 
bly of the State of Georgia and it is hereby enacted by 
authority of same, That from and after the passage of this 
Act whenever at a regular examination held for County 
School Commissioners as now provided by law, no applicant 
makes the required 85 per cent., then in such cases the State 
School Commissioner shall order a second examination, or 
as many more as may be necessary until some applicant who 
is otherwise duly qualified to hold said office shall attain the 
required 85 per cent. 

Sec. 2. Be it further enacted by the authority aforesaid, 
That in all cases where there has been for any cause no 
legal election for County School Commissioner at the regular 
biennial election, and in case of the election to this office of 
a candidate not qualified, then it shall be the duty of the 
Ordinary of such county to call a special election to fill this 
office and he shall fix the time for said special election not 
later than sixty days prior to the expiration of the term of 
office of the then County Commissioner, subsequent to the 
examination provided by the State School Commissioner. 

Sec. Be it further enacted by the authority aforesaid. 
That the expenses of all special elections herein provided for 
shall be paid out of the County Treasury as in case of general 
elections. 

Sec. 4. Be it further enacted by the authority aforesaid. 
That all laws and parts of laws in conflict with this Act be, 
and the same are, hereby repealed. 

Note.— This legislation has been practically nullified by the General 
Act passed later, known as the White Bill. 



1913 Legislation. 113 



1912 LEGISLATION. 



AN ACT 

To provide for issuing bonds for the purpose of building 
school houses in school districts in which a local tax ie now 
or may hereafter be levied for school purposes. 

Section 1. Be it enacted by the General Assembly of 
Georgia and it is hereby enacted by the authority of the same, 
That when one-fourth of the registered qualified voters of a 
school district in which a local tax is now> or may hereafter 
be levied for school purposes, shall be filed with the Board of 
Trustees of such a district, a petition asking for an election 
for the purposes of determining whether or not bonds shall 
be issued for the purpose of building and equipping a school 
house or houses for said district, the required number of peti- 
tioners to be determined by said Board of Trustees, it shall 
be the duty of said Board of Trustees to fix the amount, de- 
nomination, rate of interest, and dates when due, and call 
such election in terms of law now provided for a county issue 
of bonds, except as herein otherwise provided. The said 
Board of Trustees, in case the election is for a bond issue, 
shall follow the law as required of county authorities as em- 
bodied in Section 440, et scqnitiir, of the Code of 1910, Volume 
1, in the issue thereof. Said Board of Trustees may order 
such election to be held on the school site or other suitable 
place in the district, of which they shall give notice by posting 
same at three public places in said district, not less than ten 
days previous to said election. None but registered qualified 
voters shall be permitted to vote in said election. The ordi- 
nary shall furnish a certified list of registered voters in such 
school district to the managers of the election thirty days 
before such election is held. The ballots cast shall have writ- 
ten or printed thereon "For School House" or "Against School 
House." The ballots cast and the voting list shall be lodged 
with the said Board of Trustees who shall declare the result. 
Said Board of Trustees, or a majority of them, shall be the 



114 Compilation of Common School Laws. 

election managers, and if for any reason they fail to act, any 
three freeholders of the district may qualify and act. 

Sec. 2. Should bonds be issued and sold, the proceeds 
shall be turned over to the Board of Trustees in trust for the 
purpose of erecting a school building or buildings which said 
Board may deem suitable. Said Board of Trustees is author- 
ized to remove, sell or otherwise dispose of old building or 
buildings and grounds and select a new site and erect a new 
building thereon, and add to the proceeds from the sale of 
bonds any other proceeds which may come from disposition 
of building or buildings and site, or from donations or other- 
wise, all to be held in trust to be used for the purpose afore- 
said, and no compensation shall be paid to said Board of 
Trustees nor to any member thereof for service. 

Sec. 3. Be it further enacted that all laws and parts of 
laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 17, 1912. 



1913 Legislation. 115 

AN ACT 

To require the Treasurer or Secretary and Treasurer of any 
board of trustees of a public school receiving money raised 
by local taxation for public schools, or otherwise, to give 
bond, to keep an accurate set of books, to submit his books 
to the county superintendent of schools, to be audited by 
the State Auditor and to further provide the duties of such 
Treasurer, or Secretary and Treasurer and for other 
purposes. 

Section 1. Be it enacted by the General Assembly of the 
State of Georgia, and it is hereby enacted by the authority of 
the same, that from and after the passage of this Act, it shall 
be the duty of the treasurer or the secretary and treasurer of 
any Board of Trustees of a public school receiving money 
raised by Local Taxation for public schools, to make a good 
and sufficient bond for the faithful performance of his duties, 
payable to the County Board of Education in a sum not less 
than double the amount of money likely to be received by 
him during his term of office, the amount and sufficiency of 
said bond to be judged by the County Board of Education, 
which amount may be increased in the discretion of the 
County Board of Education. 

Sec. 2. Be it further enacted by the authority aforesaid, 
That in the event the Treasurer or Secretary and Treasurer 
as aforesaid, shall fail to make the bond required in the first 
section of this Act, then and in that event, any money raised 
by Local Taxation for public schools or otherwise, which 
unde the laws should have been paid over to the Treasurer, 
or the Secretary and Treasurer, shall be paid over to the 
County Board of Education, to be by them paid out on the 
orders of the Board of Trustees of such school district in the 
manner other moneys are paid out by them. 

Sec. 3. Be it further enacted, That the Treasurer or Sec- 
retary and Treasurer as aforesaid shall not pay out any money 
as held in his hands, except upon the order of the Board of 
Trustees, signed by the president or chairman, of which he is 
Treasurer or Secretary and Treasurer. He shall further in all 



116 Compilation of Common School Laws. 

cases take a receipt for all moneys expended or paid out, which 
shall be attached to the order for same, which, when properly 
done, shall constitute a proper voucher for the money thus 
paid out. 

Sec. 4. Be it further enacted by the authority aforesaid, 
That the Treasurer or the Secretary and Treasurer as afore- 
said, shall keep an accurate account of all money received and 
paid out by him in a substantially bound book, which together 
with all vouchers, shall be submitted once each year to the 
County Superintendent of Schools to be audited by the State 
Auditor when he shall audit the County Superintendent's 
books, but the County Board of Education may direct that 
any other competent person audit these books. 

Sec. 5. Be it further enacted by the authority afore- 
said, That the provisions of this Act shall apply only to those 
school districts which have adopted or may adopt Local Taxa- 
tion for public schools under the district plan as provided 
under Section 1535, Volume 1 of the Code of 1911. Pro- 
vided further that the provisions of this bill shall not apply 
to any Secretary or Treasurer who receives no compensation. 
This Act shall not apply to any municipal system of schools 
in this State, 

Sec. 6. Be it further enacted by the authority aforesaid. 
That all laws and parts of laws in conflict with this Act be and 
the same is hereby repealed. 

Approved August 19, 1912. 



1913 Li;gislation. 117 

AN ACT 

To fix and make uniform the term of office of County Super- 
intendent of Schools and for other purposes. 

Sec. 1. Be it enacted by the General Assembly of the 
State of Georgia and it is hereby enacted by authority of the 
same, that the term of office of County Superintendent of 
Schools in each and every county of the State of Georgia 
shall begin with the first day of January 1913 and terminate 
with the first day of January, 1917, and that the said County 
Superintendent of Schools shall be elected for a term of four 
years as now provided by law at the same time and places as 
state and county officers. 

Sec. 2. Be it further enacted that the term of office of all 
County Superintendents of Schools beginning during the year 
1912, shall continue until the first day of January, 1917, or 
until their successors are elected and qualified as is now pro- 
vided by law. 

Sec. 3. Be it further enacted that all laws and parts of 
laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 19, 1912. 



LIST OF STATE EDUCATIONAL INSTITUTIONS. 

Name. Location. Principal. 

"University of Georgia Athens D. C. Barrow, Chancellor. 

Georgia School of Technology Atlanta K. G. Matheson, President 

Georgia Normal and Industrial College . . Milledgeville . . M. M. Parks, President. 

State Normal School Athens J. M. Pound, President. 

North Georgia Agricultural College Dahlonega G. E. Glenn, President. 

Georgia School for the Deaf Cave Springs. . .W. O. Conner, Principal. 

Georgia Academy for the Blind Macon G. F. Oliphant, Principal. 

Georgia State Industrial College Savannah E. E. Wright, President. 

District Agricultural Schools. 

First District Statesboro . , E. C. J. Dickens, Principal. 

Second District Tifton J. F. Hart, Jr., Principal. 

Third District Americus J. M. CoUum, Principal. 

Fourth District CarroUton J. H. Melson, Principal. 

Fifth District Monroe J. H. Walker, Principal. 

Sixth District Barnesville. . . W. H M]axwell, Principal. 

Seventh District Powder Spgs. . . .H. E. Hunt, Principal. 

Eighth District Madison .... W. G. Acree, Principal. 

Ninth District ClarksviUe M. C. Gay, Principal. 

Tenth District Granite Hill. . .George White, Principal, 

Eleventh District Douglas C. W. Davis, Principal. 



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INDEX 

A 

Advisory Powers of State Board 8 

Appeal to State Board 8 

Additional Duties State Board 6' 

Annual Eeport of State School Commissioner 10 

Appeals 19 

Administering Oaths 19 

Additional Duties C. S, C 24 

Apportionment of School Fund 25 

Additional Funds for Schools 31 

Admission to Long Term Schools 33 

Arbor Day 44 

Agriculture Taught 45 

Adoption of Text-Books 53 

Arbitration of Local Tax 68 

Ages at Which Children May be Employed in Factories 71 

Affidavit to Ordinary Necessary Before Employing Children 72 

Agriculture Must be Taught in all Schools 82 

Agricultural Schools 113 

B 

Building School Houses 18, 91 

Bond of C. S. C 20 

Binding Out Children 46 

Bids on School Books' 52 

Bonds for Book Adoption 53 

Bonds in School Districts 113-114 

Bids Eejected on Books 57 

Bible in Public Schools 74 

Bequest for Board and Education Includes Clothes 90 

Book Lists 115 

C 

Constitution 5 

Composition of State Board 7 

County Board Education 13 

Composition Of 13 

Compensation Of 13 

Election Of 13 

Certification Of 14 

Eemoval Of 14 

Vacancies On 14 

Officers Of 14 

Meetings Of 14 



122 Index. 

County Board Education — Continued. 

Duties Of 15 

Appeals From 19 

County School Commissioner 20 

Minimum Salary of 22 

County Superintendent Substituted for 20 

Shall Use a Seal 22 

Office at Court House 22 

Election of Old Law 20 

Election of New Law 23 

Bond 20 

Oath 20 

Examination 20, 23-24 

May be Postmaster 20 

Eemoval Of 2l 

Successor To 21 

Duties Of 21 

Compensation Of 21 

Administers Oaths 23 

Eeports Of 23 

Elected by People 23 

County Institutes' 34-35 

Supervisor Substituted for Experts 35 

Subjects Taught At 34 

Held by C. S. C 34 

Attendance Upon 34 

Fines Imposed 34 

Expert Conductor 35 

Compensation For 35 

Census 40-41 

Time of Taking 40 

Enumerators of 40 

Compensation For Taking 40 

New Enumeration Of 41 

County Line Schools 42 

Civil Government Taught 45 

Contracts Book Adoption 53 

County to be Districted 62 

Cotmty Local Tax Election 66 

Compensation for Collecting Local Tax 66 

Calling Local Tax Election 66 

Comptroller General to be Notified of Local Tax Levy 67 

Corporation and Local Tax 68 

Child Labor Law 71-31 

No Child Under Ten to Work in Factory 71 

Children Under Twelve to Get Certificate from Ordinary. ... 71 

No Child Under 14 to Work at Night 71 



Index. 123 

Children Under 14 Must Attend School 12 Weeks 72 

Child Labor Law — Continued. 

Affidavit Necessary Before Employing Children 72 

Affidavits to be Inspected 72 

Certificates of Election of M. B. E 74 

Crossing District Lines 75 

Commissions to M. B. E. When Grand Jury Fails to Give Terms. . 78 

Contracts With Teachers of Local School Systems Not Valid 78 

Common Schools Subjects' Eequired 79 

Changing District Lines Makes New District 79 

County Commissioner Compelled to Avoid Claim 90 

Course of Study 115 

D 

Donation to Education 8 

Duties State School Commissioner 10 

Duties of C. S. C 21-23 

Distribution of School Fund 30 

Diseases 47 

Days to be Observed 48 

Depositories For Text -Books 58 

Decisions State School Commissioners 74-77 

Eight of County Board to Appropriate School Funds 77 

Eesignations Should go to Governor 74 

Certificates of Election 74 

Bible in Public Schools 74 

Disturbing Schools 75 

Pupils Crossing District Lines 75 

Eevoking Teachers License 75 

Power to Contract With Board 75 

Teachers Contracts Entire 75 

Five Months Schools 76 

Decisions State Board 78-79 

Commissions to M. B. E 78 

Contract With Teachers of Local School System Not Valid. . . 78 

Surplus, How Used 78 

Common School Subjects Eequired 79 

Changing District Lines Makes New District 79 

Diploma of State Normal School Valid in Some Cases 80 

Discounting Teachers Claims 82 

Decisions of Supreme Court 90-93 

Bequests For Board and Education, Includes Clothes 90 

Dismissal For Cruel Treatment 90 

County School Commissioners' may be Compelled by 

Mandamus to Audit Claim 90 

Power to Build School Houses 91 

Eight of Defense to Public Officers 91 



124 Index. 

Institute Conductors 34 

Incidental Fees 42 

Infectious Diseases 47 

J 

Judicial Tribunal 19 

L 

Long Term Schools 32-33 

Supplemental Contracts For 32 

Admission To 32 

Licenses To Teach 36-39 

Issued Upon Examination Only 36 

Permanent License 38 

Diplomas Not Honored 37 

Grade of License 37 

Kevoking License : 38 

Forgery Of 38 

Local School Systems 44 

Local Tax Law 62-70 

Eedistrieting Counties 62 

Election of Trustees 64 

County Election Of Tax 65 

Limit To Tax Eate 65 

Levy and Collection Of Tax 66 

Tax Eeturns in Districts 66 

Eeports, Secretary and Treasurer of Board Trustees 69 

Voting Out Tax 66 

Local Tax Districts Controlled by Trustees Subjected to 

County Board 67 

Local Tax Digest to be Furnished Tax Collector 68 

Local Tax Arbitration 68 

Local Tax on Corporations 69 

Limit of Time in Using School Fund 80 

List of Educational Institutions 113 

M 

Meetings of State Board 7 

Manual Labor Schools 43 

Map of School Districts 63 

Married Women May Teach 81 

Managers of Local Tax Elections 85 

N 

New Enumeration of Census 41 

Notice of Books Adopted 59 



Index. 125 

When Two Claim Same Office 91 

Decisions of Supreme Court — Continued. 

Discretion in Continuing Schools 91 

Eef usal to Comply With Regulations 92 

District Agricultural Schools 113 

E 

Election State School Commissioner 10 

Each County a School District 13 

Election Members County Board Education 13 

Employment of Teachers 15 

Examination of C. S. C 20-24 

Election of C. S. C 20-24 

Estimate of School Fund 28 

Examination of Teachers 36-39 

Grading Of 36 

Licenses Issued Upon 36 

College Students Not Admitted Without 37 

Permanent Licenses Upon 38 

Subjects of 36 

Special Examinations '66 

Enumerators of Censtis 40 

Evening Schools 43 

Exemption ot School Property -±3 

Exclusive Use of State Adopted Books 59 

Expenses of School-Book Adoption 60 

Election of Local Tax Trustees 64 

Employment of Children 71 

Elections in Local Tax Districts May Not be Held Oftener Than 

Every 12 Months 86 

F 

Financial , 25-31 

Forfeiture of School Fund 29 

Failure to Operate Schools 30 

Fines For Not Attending Institute 35 

Forgery of License 38 

Five Months Consecutive 76 

Fradulent Contracts May be Repudiated 80 

G 

Georgia Day .' 45 

General School Law To Be Observed in Local Tax Districts 69 

I 

Itemized Statements of Accounts Against School Fund 25 

Institutes 34-35 



126 Index. 

Officers County Board Education 14 

Oath of C. S. C 21 

Oath Administered by C. S. C 23 

Office of C. S. C 21 

Operation of Schools 26 

Oath of Census Taker 41 

Ordinary and Comptroller General to be Notified of Local Tax .... 67 

Opinions Attorneys General 80-89 

Fraudulent Contracts 80 

Diploma of State Normal School Valid in Some Cases 80 

Limit of Time in Using School Fund 80 

Married Woman May Teach 81 

School Population Basis' For Appropriation of School Fund. . 81 

Agriculture to be Taught in all Schools 82 

Belief of Surety on C. S. C 's. Bond 82 

School Officials May Not Discount Claims of Teachers 82 

Eailroad Taxes in School Districts 83 

Managers of Local Tax Elections to be Paid Out of Local 

School Fund 85 

Persons Over 18 May Attend School Upon Payment of 

Tuition 85 

Election in Local Tax Districts Not Oftener Than 12 Months 86 

District Lines May be changed But Destroys the Tax 87 

Persons May Hold Only One County Office, But Two Public 

offices at One Time 88 

Election Expenses 89 

P 

Public Term 18 

Prompt Disbursement of School Fund 25 

Payment to Local Systems 27 

Permanent License 38 

Physiology and Hygiene Taught 44 

Prices of Text-Books 55 

Proclamation by Governor in Book Adoption 57 

Powers of School Book Commission 59 

Penalty for Using Other Than State Adopted Books 60 

Penalty For Violating Child Labor Law 73 

Power to Contract With Teachers Belongs to County Board 75 

Persons Over 18 May Attend School on Paying Tuition 85 

Persons May Hold Only One County Office But May Hold Two 

Public Offices 88 

Power to Build School Houses 91 

Q 

Quorum State Board 7 

Qualifications of M. B. E 13 

Quarantine 47 



Index. . 127 

R 

Eemoval From Office of M. B. E 14 

Eaces Taught Separately 18 

Eemoval of C. S. C 21 

Eeport to Grand Jury 23 

Eevoking License 38 

Eedistricting The County 62 

Eemoval of Local Tax Trustees 64 

Eeports of Local Tax Trustees 69 

Eesignations go to Governor 74 

Eeports of Elections of M. B. E 75 

Eevoking Teachers Licenses 75 

Belief of Surety on C. S. S 's Bond 82 

Eailroad Taxes in School Districts 83 

Eight of Defense 91 

Eefusal to Comply With School Eegulations 92 

S 

School Legislation, 1910 93-101 

To Enable County Boards of Education to Borrow Money. . . .93-94 

To Allow Municipalities to Hold Local Tax Election 95 

To Enable County Boards to Fill Unexpired Terms of Com- 
missioners 98 

Person 's High School Tax Amendment 97, 98 

To Allow Districts Across County Lines 99-101 

School Legislation, 1911 101-112 

Eevising the School Laws of Georgia 102-111 

To Provide for Special Examination of Applicants 112 

School Legislation 1912 113-117 

Bonds in School Districts 113-114 

District Treasurers, Bonds, Books^ Etc 115-116 

Uniform Terms For County Superintendents' 117 

Seal State Board 8 

State Board Education 7-9 

State School Commissioner 10-12 

Election Of 10 

Duties Of 10 

Salary and Expenses of Office 11 

Oath Of J2 

Annual Eeport Of 11 

Member Geological Board *. . . ]2 

Secretary and Executive Agent State Board of Education. ... 12 

Sessions County Board Education . . 14 

School Sub Districts 13 

School Property 18 

School Houses 18 



128 • Index. 

Successor to C. S. C lil 

School Fund 2d-31 

Paid Directly Into Treasury 25 

AppoiQtment Of 25 

Claims Against 25 

Prompt Disbursements 25 

Payment of, to Local Systems ; 27 

Estiaiated Of : 28 

Souree.^ Of 28 

Forfeiture Of 29 

Unused Balances Of 29 

Distribution Of 30 

School Year Begin? Jan. 1 26 

Supplemental Contracts 32 

Supplemental Terms 32 

Scholastic Month 43 

Schools in New Counties 46 

School Book Cominission ; 49 

Sub-Commission 50 

Standard of Books Adopted 55 

Supplementary Eeaders 59 

Secretary of Board of Trustees and C. S. C. to Make Local Tax 

Digest 67 

Surplus, How Used 78 

Supreme Court Decisions (See D) 90-93 

State Educational Institutions 113 

T 

Term of Office M. B. E 13 

Teachers ' Contracts 15 

Teachers ' Eeports 15 

Trustees 16 

Appointments Of 16 

Duties Of 17 

Taking Census' 40 

Terms of School-Book Contract 61 

Teachers ' Contracts Entire 75 

Two Claiming Same Office 91 

U 

Unused ' Balances 29 

Uniform Terms for County Superintendents 117 

Uniform Text Book Law 49-61 

Commission 49 

Uniform Series 49 

Sub-Commission For 50 



Index. 129 

Bids For 52 

Uniform Text-Book Law — Continued. 

Adoption Of 35 

Contracts For 53 

Bonds For 53 

Standard of Books 55 

Prices of Books 55 

Dep editor ijes 56 

Books For Exclusive Use 59 

Penalties for Violating 60 

Expenses of Adoption 60 

Terms of Contract 61 

Repealing Clause 61 

V 

Vacancies on County Board Education 14 

Vaccination 10 

Voting in Local Tax 65-66 

Voting Out Local Tax 70 

W 

Who May Vote in Local Tax Election 65 

Who May Levy Local Tax 66 

Who must Collect Local Tax QCj 



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